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(영문) 서울남부지방법원 2015.09.08 2015고단3042
사기
Text

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

Reasons

Punishment of the crime

The defendant and the AF wished to acquire the amount equivalent to the purchase price of the vehicle from the financial company by purchasing the vehicle in the name of the defendant in accordance with the proposal of the name in the name in the name in the name of the person who is a loaner (AG).

On October 22, 2012, 2012, the Defendant and his name misstatements purchased IM7 car in the name of the Defendant from Youngjin Automobile Co., Ltd. located in Seongdong-gu Seoul, Seongdong-gu, Seoul, on October 22, 2012. In fact, despite the fact that even if the Defendant borrowed the above car as collateral, even if he did not have the intent or ability to normally repay the loan, the Defendant would pretend that he would normally repay the loan, and the Defendant would prepare an application for the loan of the borrowed purchase price under the name of the Defendant, and submitted it to the victim through the employees of Youngjin Automobile Co., Ltd., Ltd., and submitted it to the victim, and the victim would have the victim deposit 18 million won in the account (14179831***) in the name of Youngjin Automobile Co.

As a result, the defendant and the AF acquired financial benefits equivalent to the above purchase price in collusion with the broker in name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to AH;

1. Reasons for the sentencing of Articles 347(1) and 30 of the Criminal Act regarding criminal facts [the scope of recommending punishment] and no basic area (6 to 100 million won) (6 to 1 year and 6 months) of the type of general fraud [the decision of sentencing] [the amount of damage of this case is about 15 million won, and the amount of profit of the defendant among them is three million won, the decision of sentencing is made in the same manner as the order of recommendation, in consideration of the fact that the amount of profit of the defendant is three million won.

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