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(영문) 수원지방법원 여주지원 2017.02.07 2016고단175
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 17, 2005, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court on July 28, 2006 and the parole period was expired on October 27, 2006 during the execution of the sentence. On January 20, 2009, the Cheongju District Court sentenced two months of imprisonment with prison labor and ten months of imprisonment with prison labor on June 5, 2009.

[2] Around August 22, 2008, the Defendant: (a) around August 22, 2008, at the office of Songpa-gu Seoul Metropolitan Government, applied for a loan of automobile purchase fund through C business members, even though he did not have any special occupation due to the circumstance that C's office, the net D, around that time, lent the name of the Defendant, and received a loan of automobile purchase fund from the capital company even though he did not have any specific income; and (b) purchased the vehicle by selling it on the middle and high-speed vehicle; and (c) even if he received a loan of automobile purchase fund, he did not have any intent or ability to pay the victim treatment Capital Co., Ltd. for the vehicle purchase fund, and then applied for a loan of automobile purchase fund through C business members.

On the same day, the Defendant obtained approval from the injured party for a loan for the purchase of a vehicle, and purchased a vehicle E-A4 vehicle equivalent to KRW 37,740,00,00, and had the injured party pay the purchase price to C.

As above, the Defendant had acquired property benefits equivalent to KRW 37,740,000 in total from vehicle purchase funds by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Each police statement made to F and G;

1. Complaint;

1. A loan agreement;

1. Original Register of Automobile Registration;

1. Details on the receipt of principles by company;

1. Investigation report (F mother H relative investigation);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, investigation report (formers and court rulings attached thereto, etc.);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;

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