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(영문) 수원지방법원 평택지원 2017.06.08 2016고단2497
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2013, the Defendant submitted an installment financing agreement stating that “Around February 14, 2013, the Defendant would equally repay KRW 743,573 per month to a staff member in charge of Hyundai Capital Capital Co., Ltd. who purchased Echip car at the D Company’s office located in Suwon-si, Suwon-si, Suwon-si.”

However, in fact, the defendant was thought that he would sell the vehicle to the non-name lender immediately after receiving a loan from the damaged party, and there was no intention or ability to pay the loan normally even if he received an installment loan under the name of purchase of the vehicle because there was no special property or income at the time.

The defendant had the above victim pay 18 million won as the vehicle purchase fund on the same day.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the above loans.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on response details, such as the Motor Vehicle Registration Register and Credit Transactions;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General Frauds No. 1 (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] (the decision of sentencing is determined by comprehensively taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The nature of the crime of this case does not correspond to those of the defendant, provided, however, that the defendant will pay a part of the amount of damage through the personal rehabilitation procedure; - there is no history of criminal punishment exceeding a fine; - the defendant is against his mistake.

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