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(영문) 의정부지방법원 2016.10.27 2016고단3558
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2015, the Defendant made a false statement that “The Defendant would repay the loan amounting to KRW 25 million every month to 725,929,000,000,000 to 25,000 won in order to purchase SM5 (F) vehicles at the victim E’s name to the D agency located in SM5 (F).”

However, even if the defendant purchased the above vehicle with the loan, he thought that he would sell the above vehicle to use it in his obligations and living expenses, etc., and he did not have the intention or ability to repay the loan.

As above, the Defendant, by deceiving the victim as above, was given money KRW 25 million to the Defendant Agricultural Cooperative Account (G) for the purpose of loans from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. An application for installment financing of automobiles;

1. An automobile installment financing agreement;

1. Current status of deposits in preparation for redemption;

1. Each register of automobiles;

1. Application of the statutes on the transaction of passbooks to the suspect;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The judgment is rendered as above on such grounds as the confession of and reflect against the instant crime, the Defendant agreed smoothly with the victim, the primary offender’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., and the sentencing factors as prescribed in the subparagraphs of Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, etc.

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