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Reasons
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(영문) 대구지방법원 2019.09.05 2018고단5257
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant made a false statement to the victim B, “The principal and interest of the vehicle secured loan in the name of the driver and the payment of the vehicle shall be made in full, and five million won in cash in the name of the nominal lending fee shall be paid to the victim B.”

However, the defendant purchased a vehicle in the name of the victim, and did not have the intent or ability to pay the name lending fee and the principal and interest of the loan to a person who has no property to repay the loan, as well as to have thought that he/she would resell it to another person and consume

As above, the Defendant, by deceiving the victim as above, had the victim purchase C Ecoos car, applied for a loan equivalent to KRW 13.2 million to D as the vehicle purchase fund, and had the victim pay the vehicle purchase fund to the non-specified used vehicle company and exempted the victim from the obligation to pay the above vehicle purchase fund.

Summary of Evidence

1. Each prosecutor's statement concerning E and B;

1. Original automobile register;

1. A statement of financial transactions;

1. An application for loans, etc.;

1. Certificate of automobile transfer;

1. Application of Acts and subordinate statutes to the investigation report (F hearing of statements);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed fraud due to the absence of the intent or ability to pay loans, debts, etc. according to the heavy loan, making the victim take a heavy loan, and then making the victim take the heavy loan, and taking the loan and interest of the loan, etc. according to the heavy loan, and taking the loan and interest of the loan, etc. according to the heavy loan, etc., the Defendant committed fraud. Accordingly, the crime is not good.

However, the defendant recognizes the crime in this court and reflects it, and 14 million won for the victim.

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