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(영문) 광주지방법원 2016.02.03 2015고단4759
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant purchased one motor vehicle EMW 320d EM in the pre-market of the company D, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, in the amount of KRW 45,000,000, and paid the purchase price for the motor vehicle to F employees of the victim non-victim Mable Social Services Korea Co., Ltd. “The principal payment will be made for the loan of the purchase price for the motor vehicle.

“.......”

However, the defendant did not have any intention or ability to pay the installment even if he/she received a loan from the injured party due to the absence of particular property.

The Defendant: (a) by deceiving F as above; (b) obtained a loan of KRW 36,00,000 from F to pay KRW 946,074 per month to the victim for 48 months; and (c) obtained a loan of KRW 5,618,959 on a total of eight occasions until December 2012, and paid the remainder of KRW 30,381,041 (based on KRW 30,381) in a manner that did not pay the amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes written statements of the G production;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the sentencing guidelines for recommendations [type of decisions] the scope of the sentencing guidelines for recommendations [of less than KRW 100,000] general fraud [Determination in the territory of recommendations] basic area [of the scope of recommendations] [of the scope of punishment] six months to one year and six months [of the general sentencing person] - efforts taken to recover damage caused by the serious element of mitigation;

2. Whether to add a stay of execution or not - Major reasons for special consideration - Unfavorable agreements - Major reasons for special consideration: Where a substantial loss is considerably small: there is no criminal record of a stay of execution of half positive or more:

3. Six months of imprisonment with prison labor for a sentence;

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