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(영문) 부산지방법원 2016.11.11 2015고단4583
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On December 7, 2012, the Defendant purchased a zero-party car (D) at the Sungwon-si C branch located in Sungwon-si, Sungwon-si, and applied for an automobile installment loan in the name of the Defendant’s wife to Hyundai Capital Co., Ltd.

However, the defendant had no intention or ability to operate the above vehicle normally after purchasing the above vehicle, and even if receiving the installment loan, there was no intention or ability to repay it.

The Defendant received KRW 10.6 million from the victim for the same day as the automobile loans.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Protocol concerning the examination of each police suspect against the accused and E;

1. A complaint, a voluntary statement;

1. An application for the heavy loan of modern capital;

1. A demand statement;

1. Application of Acts and subordinate statutes on deposit;

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the choice of criminal punishment, Article 347(1) of the Criminal Act, the reason for sentencing of sentence selection of imprisonment is not good, and the damage has not been recovered at all, property crimes have the record of being sentenced to a suspended sentence on or around April 2010, and other punishment as ordered shall be determined by comprehensively taking into account the defendant’s age, character and conduct, environment, circumstances leading to the crime, etc.

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