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(영문) 서울북부지방법원 2019.08.14 2019고단2424
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant was sentenced to two years of imprisonment by the Seoul Northern District Court due to the alteration of official documents, etc., and the said judgment became final and conclusive on June 28, 2019.

The defendant has no special property due to bad credit standing, and the defendant bears approximately KRW 123 million against B and C, and the defendant bears approximately KRW 20 million against D, and even if he/she receives a loan from a lender as a vehicle purchase price, he/she did not have any intention or ability to complete the loan.

Nevertheless, the defendant received a loan from the loan company from the above D who is urged to pay the debt, purchased a secondhand car, and raised it to D as a repayment for the debt.

On December 29, 2017, the Defendant concluded that “The Defendant would pay approximately KRW 70-8 million with the principal and interest of KRW 23 million every 48 months to the employees of the victim (ju)G at the FJ parking lot located in Gangnam-gu Seoul, Gangnam-gu, Seoul.”

The defendant received 23 million won on the same day from the victim as the purchase price of the vehicle and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution concerning D;

1. A H statement;

1. The register of automobiles, details of deposits, detailed statement of termination bonds, details of sending text messages, etc., contract document inspection table, application form for G Motor Vehicle Loans (second class), agreement on G Motor Vehicle Loans (second class) and terms and conditions of G Used Motor Vehicle Loans;

1. Previous convictions in judgment: A inquiry report, investigation report (former and attachment of the judgment), one copy of the relevant judgment, investigation report (Attachment of the judgment, etc.), one copy of the consolidated case inquiry results, one copy of the judgment, one copy of the decision, and application of statutes significantly true to this court;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act are repeated in spite of the fact that the defendant had committed the same kind of crime.

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