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(영문) 의정부지방법원 2020.06.10 2020고단1283
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 May 19, 2017, the Defendant purchased D class III cargo vehicles in the name of the Defendant at the Dongducheon-si B, Dongducheon-si, and said that “The Defendant would pay KRW 20,900,000 as the purchase price for the C class III cargo vehicles from May 19, 2017 to May 31, 202, at the end of 60 months from May 19, 2017, to pay KRW 389,639 as the last day of each month.”

However, in fact, when the defendant takes out a loan from the victim company to purchase the cargo vehicle, he/she was thought to use the cargo vehicle as money for gambling and living expenses, etc., and even if he/she borrowed money from the victim, he/she did not have the intention or ability to repay it

As above, the Defendant deceptioned the victim company, and then acquired the above cargo 20,900,000 won from the victim company to acquire the above cargo 20,90,000.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes concerning a new installment contract, certificate of installment contract, register of automobiles, credit information inquiry, and account transaction details;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. Determination of sentence: The punishment as ordered is determined by comprehensively taking into account the following factors: (a) the fraud amount by the crime of this case exceeds KRW 20 million; (b) the damage recovery has not yet been made until now; and (c) the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc.; and (d) the various sentencing conditions specified in

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