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(영문) 부산지방법원 서부지원 2021.03.24 2021고단276
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to five months of imprisonment for fraud at the Incheon District Court, and completed the execution of the above sentence on July 5, 2016.

On October 31, 2018, the Defendant purchased the FST5 Car E through E in the middle and high-speed trading commercial office “C” in the middle and high-speed trading commercial office in Bupyeong-si B through D, a salesperson.

The said car was set up a mortgage of KRW 6,750,00 on the said car, and the said car was falsely stated as follows: “The 513,873 won per month shall be repaid by equal means of repayment of principal and interest for 36 months after borrowing KRW 13,50,000 from E Co., Ltd. at the interest rate of KRW 21.9%.”

However, the defendant did not have any intention or ability to repay even if he received a loan from the injured party due to the absence of certain income or assets.

The Defendant, as such, by deceiving the victim, received 13,500,000 won as the purchase price for the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement to criminal complaints;

1. A certificate of the fact of a contract of the second and second loan loan (E second and second loan) and customer information (individual);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of punishment [the types of determination] and the general fraud [the amount of punishment No. 1] below 100 million won [the person subject to special sentencing]: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of punishment], one year to two years and six months.

3. It is so decided as per Disposition, taking into account the following factors: (a) the fact that the sentence is a crime during the repeated crime period; (b) most of the damages have not been recovered; (c) the motive and background of the crime; (d) the degree of damage; and (e) the

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