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(영문) 광주지방법원 장흥지원 2018.11.01 2018고단182
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 August 2013, the Defendant would take out 40% of the price of the vehicle when acquiring a loan from a non-name loan business operator (the name of the Defendant) and then transferring a vehicle after purchasing a heavy vehicle.

An installment shall be paid three times and may be paid if an application for bankruptcy has been filed.

“In response to the proposal,” there was a public offering to obtain money from the above B, etc. and financial companies in the name of the purchase fund.

According to the above public offering, the Defendant entered into a contract with the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company.

However, in fact, the defendant did not intend to use the actual vehicle and did not intend to immediately dispose of the vehicle through the above B, etc. and planned not to pay the installment, and therefore, he did not have the intention or ability to pay the installment properly.

Ultimately, the Defendant, by deceiving the victim as above, caused the victim to pay KRW 19.7 million to the above “C Burial” on the same day, and caused the Defendant to deliver the said car to the Defendant. The Defendant was paid KRW 7 million from B on the same day after putting the said car to the “B”. Accordingly, the Defendant received property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a suspect's deposit transaction record certificate);

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 suspended execution;

1. The elements of sentencing on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, and all the conditions of sentencing as shown in the records and arguments, including the defendant's age, sex, environment, circumstances before and after the crime, and the circumstances before and after the crime.

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