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(영문) 의정부지방법원 2018.11.23 2018고단3203
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 9, 2015, the Defendant: (a) prepared a loan application form, such as an application form for a mid-to long-term debate on KRW 15 million, a mid-to long-term agreement on the purchase of the said rocketing passenger vehicle, and submitted it to the victim KB Capital Co., Ltd. through Oralin Co., Ltd., Ltd., as the Defendant purchased and directly operated the said rocketing passenger vehicle at Suwon-si, as the Defendant purchased and directly operated the said rocketing passenger vehicle.

However, even if the defendant purchased the above car, he thought that he would immediately provide it to the person with no name, and actually did not have the intention or ability to operate the car by purchasing the car or to bear the obligation to repay the loan.

The Defendant had the victimized Company wired the amount of KRW 15 million to the account in the name of Hanto Co., Ltd. (5859101215204).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to an application for a motor vehicle registration ledger and a middle or high-class complaint;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [the types of decisions] fraud, general fraud, and less than KRW 100 million (type 1) (the scope of punishment recommended] imprisonment with prison labor for six months from June to June (the basic area);

3. He/she shall select a sentence of imprisonment in consideration of the fact that the amount of decision-raising by deception is not written, no effort is made to recover damage, etc.;

However, the sentencing criteria and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case shall be determined in full view of various circumstances, including the confession of the crime of this case, the fact that the defendant does not have the same criminal record, and other circumstances that form the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc.

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