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(영문) 인천지방법원 2015.01.27 2014고단3837 (1)
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant and C, even if they receive an installment loan while purchasing a vehicle, would normally operate the vehicle, and would dispose of the vehicle by the method of "motor vehicle tin" without the intention or ability to settle the loan. The Defendant and C conspired to raise cash.

On July 4, 2013, the Defendant and C purchased Erento car at a modern car agency located in Gwanak-gu in Seoul Special Metropolitan City, and submitted a false certificate of employment with respect to A, a false certificate of income tax withholding for Class A employment income, etc. to the victim Hyundai Capital Co., Ltd., and purchased the said vehicle by borrowing KRW 38.5 million in the name of the Defendant from the victim as the purchase price for the vehicle from the victim, and sold it to the person whose name was unknown on the date.

Accordingly, the Defendant conspired with C to induce the victim, thereby allowing the victim to pay the purchase price for a car, thereby acquiring property benefits equivalent to KRW 38.5 million.

Summary of Evidence

1. Each legal statement of the defendant and the defendant C

1. The statement of each police officer made to F and G;

1. Vehicle loan application documents (A), H name cards (A), employment certificates (H), certificate of withholding income tax on Class A employment income, register of automobiles and details of deposits;

1. Application of the Acts and subordinate statutes to records of seizure, list of seizure, and photographs of seized articles;

1. Relevant Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the reasons for sentencing choice of imprisonment;

1. The range of recommendation types according to the sentencing criteria [the range of recommendation types] general fraud categories 1 (less than 100 million won) and the aggravated area (one to two years and six months) (special persons] of crimes are very poor;

2. The sentence of this case is not only very good for the crime of this case, but also it is inevitable for the defendant to render a sentence on the ground that the crime of this case is not recovered from damage.

In these circumstances, the defendant is divided and reflected, the degree of participation of the defendant in the crime of this case, and the defendant due to the crime of this case.

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