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(영문) 광주지방법원 2018.02.09 2017고단4855
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2016, the Defendant entered into a contract with Sungwon General Finance Office, which is a partnership with the victim HK Savings Bank, which is located in 926 paths from Sungnam-gu, Sungnam-si, Sungnam-si, and 926, to purchase BHG franchises in the name of the Defendant, and to receive a loan of KRW 20 million from the victim company as a self 22.9% by an agreement between 48 months and to complete payment.

However, in fact, the defendant did not purchase and operate the above car at the beginning, and did not immediately commission the bond company to get a loan of 4 million won to the bond company as security. The defendant did not have any intention or ability to find the car by paying the above installment or paying 4 million won to the bond company.

The Defendant: (a) by deceiving the victim as above, caused the victim to transfer the loans to the Sungwon Integrated Finance on the same day; and (b) obtained the financial benefits equivalent to KRW 20 million from the installment loans by receiving the said car delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An agreement on the application for purchase of part of a vehicle, the inquiry data of the president of a general fund loan, and the notice scheduled to lose the term;

1. Details of passbook transactions, and application of the Acts and subordinate statutes of the Automobile Registration Register;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The defendant.

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