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(영문) 부산지방법원 2015.09.10 2014고단3288
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 8, 2013, the Defendant purchased the NAS-Scoo-Scoo-coo-coo-coo-coo-coo-coo-coo-coo-coo-coo-gu, Daegu-gu, 799, and applied for a loan of KRW 18,900,000 per month from that time to May 25, 2016, by purchasing the NAS-Scoo-coo-coo-coo-coo-coo-coo-coo-coo-coo-coo-coo-cood a limited liability company, serving as a CM agency, and borrowing KRW 18,90,000 from the victim Hyundai Capital Co., Ltd.

However, in fact, the defendant did not work as CM agency and received KRW 80,000 per day without any particular property, and was engaged in daily work as a worker, and only received KRW 120,000 or KRW 1.60,000 per month from 15 days to 20 days in a month, and there is no intention or ability to pay KRW 760,00 per month the defendant's income in consideration of automobile tax, insurance premium, and oil expenses after purchasing the vehicle.

As such, the Defendant deceptioned the Victim Hyundai Capital Co., Ltd., and caused the Victim Hyundai Capital Co., Ltd. to pay KRW 18,900,000 as the purchase price of the NASP, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application for a heavy and high-speed installment and application of Acts and subordinate statutes governing customer workplace excursion ship certificates;

1. Although the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, and the grounds for sentencing a sentence of imprisonment with prison labor are not much significant, the sentence of imprisonment with prison labor against the defendant is inevitable because the defendant did not take any measures for recovery from any particular damage, and the sentencing conditions indicated in the records, such as the defendant's age, character, conduct and environment, are considered, and the sentence

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