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(영문) 대구지방법원 2019.06.27 2019고단398
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 6, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on August 20, 2015.

The defendant became aware of the victim B through a small father.

On October 15, 2011, the Defendant made a false statement to the effect that “The Defendant would pay KRW 500,000 per month to the Party for the delivery of the freight and pay the installments of the freight to the Party, and sell 50% of the shares of 50%, after the Defendant purchased the freight 14 tons of the freight from the Party’s name, and then changed the name of the vehicle to C (State) by using a driver at the Party C (State) while operating the freight in the Party C (State).”

However, the defendant had no intention or ability to pay 500,000 won per month, which was promised to pay to the victim, even if the cargo is additionally purchased in the name of the victim because the cargo purchased by lending the name of another person was five times, while the payment, oil price, article price, office salary, etc. of the above vehicle should be paid every month, but there was no proper profit.

On April 12, 2012, the Defendant, by deceiving the victim, took out a loan of KRW 4,9540,000,000,000,000 from a wing 14,000,000,000,000 won for wing 14,000,000,000,000 won for wing 14 tons, and received from the victim a cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. 상환스케쥴조회, 자동차등록원부 사본

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment), two copies of the judgment, investigation reports (verification of concurrent relations under the latter part of Article 37 of the Criminal Act), previous records of dispositions, and application of Acts and subordinate statutes reporting results;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the choice of imprisonment.

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