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(영문) 광주지방법원 순천지원 2016.06.09 2016고단29
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2015, the Defendant drafted an application for an excessive debate on the following terms: “In the case of C Partnership Co., Ltd., Ltd., located in B B 231, Nam-gu, Incheon Metropolitan City, the Defendant: “The amount of loan 19,00,000 won; the loan period of 48 months; interest rate of 48 months; interest rate of 20.9%; monthly payment of 567,326 won; prohibition of voluntary disposal of motor vehicles set up as security at the time of the loan application;” and “The Defendant drafted an application for installment financing.”

However, the fact that the defendant did not operate the vehicle even if he purchased the vehicle, but did not intend to provide the loan by discretionary disposal, and did not intend to comply with the above arrangement and to repay the loan.

Nevertheless, the defendant received a loan of KRW 19,000,000 from the injured party for the same day as the purchase price of the vehicle, and acquired a property profit equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. An application or agreement for debate on motor vehicle;

1. Details of preparation and receipt of plans;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order is that the defendant committed the instant crime along with the so-called so-called loan brogates, and the method and content of deception is not good.

However, in consideration of the amount of damage, the fact that there is no criminal history of the defendant, etc., the punishment as ordered shall be determined.

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