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(영문) 대전지방법원 2014.10.30 2014고단2809
사기
Text

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

Reasons

Punishment of the crime

On February 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Daejeon District Court's Support on February 28, 2014, and the said judgment became final and conclusive on July 21, 2014.

On June 7, 2013, the Defendant concluded a loan agreement for the funds for purchasing passenger cars at the Hyundai Automobile Open Port located in 330, Chungcheongnam-do, Chungcheongnam-do, 330, and made a false statement to the effect that “The Defendant would pay KRW 1,014,353 per month, such as the principal and interest equal, on the 25th day of every 36 months, to the employees of Hyundai Capital Capital Co., Ltd.”.

However, the defendant was trying to purchase and sell a motor vehicle with the above loan funds and to prepare cash, and it was never intended to actually operate the motor vehicle or to pay the installments normally.

The Defendant, by deceiving the victim as such, was executed with KRW 32,90,000 under the name of installment loans from the victim on the same day, and registered the said car on the 17th day of the same month, and then sold it to D and acquired pecuniary profits equivalent to the amount of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An application for automobile installment;

1. Automobile register;

1. A list of requests for loans;

1. Details of deposits;

1. Records before and after judgments: Criminal records, etc., written judgments, application of Acts and subordinate statutes, and inquiry and inquiry of case information;

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

1. The reason for sentencing under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Act on the Handling of Concurrent Crimes is that the sentence to be imposed once, once the suspension of the sentence to be imposed, one time the fine to be imposed, the fact that the damage has not been restored to a part corresponding to the part corresponding to the time of the fine to be imposed (the maximum of five million won), the fact that the possibility of the damage is low, and the equality with the case that

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