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(영문) 대구지방법원 2020.11.05 2020고단4092
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2019, the Defendant purchased the NAS G80-car car at the NAS G80-si, and concluded an automobile installment loan agreement with the victim B Co., Ltd. and the above vehicle through a person without his name, with a view to KRW 57 million of the principal of the vehicle and KRW 60 months of the installment period.

However, the defendant had no intention or ability to pay the installment price even if he purchased a motor vehicle using installment financing, and he purchased the motor vehicle and immediately sold it to the third party.

On August 14, 2019, the Defendant, by deceiving the employees of the victim company, had the victim company pay KRW 57 million from the victim company for the said car, thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A written statement;

1. Application of the statutes governing a new installment contract certificate, a certified copy or abridged copy of the register of automobiles, and a claim list;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The sentence as ordered shall be determined by comprehensively taking into account the following factors: (a) the nature of the defendant's reasons for sentencing under Article 62(1) of the Criminal Act is not good; (b) the unfavorable circumstances such as the fact that the defendant is committed against him; and (c) the defendant's age, character and conduct, environment, circumstances, means and consequence of the crime; and (d) various sentencing conditions specified in the trial process of this case, such as

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