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(영문) 광주지방법원 2015.05.01 2015고단750
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On January 1, 2014, the Defendant was sentenced to one year of imprisonment with labor for special larceny at the Gwangju District Court on April 12, 2013, and completed the execution of the sentence at the Gwangju District Court on January 1, 2014. Even if the Defendant was granted a loan under the name of the purchase price for the vehicle, he/she did not have the intent or ability to repay the loan, and even if the purchased vehicle was also considered to be used for the sales proceeds, the Defendant, on January 15, 2014, prepared an application for the loan by making it possible for the Defendant to receive an installment loan for the purchase of the vehicle from the victim Hyundai Capital Co., Ltd. to the D, who is an employee of the cooperation company of the victim Hyundai Capital Capital Co., Ltd., and then received the payment from the said D to the said D by depositing the amount of KRW 12.7 million from the said D into the said “C” account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Before judgment: Application of the Acts and subordinate statutes in which an investigation report (the report on the result of confirmation before disposition) is entered;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of the sentencing guidelines for sentencing [decision of types] the basic area [decision of the recommended area] types 1 (less than KRW 100,000] (decision of the recommended area] the basic area [the scope of the recommended area] 6 months to 1 year and 6 months [the general person] - Aggravationd crimes of different species;

2. Whether or not to add a stay of execution - Major reasons for major reference - Agreement - Major reasons for main reference : Where positive damage is considerably small, - there is no effort to recover negative damage.

3. Six months of imprisonment with prison labor for a sentence;

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