(영문) 창원지방법원 2015.01.20 2014고단2404

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(영문) 창원지방법원 2015.01.20 2014고단2404

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2013, the Defendant made a false statement to the victim C’s house located at Kimhae-si, Kimhae-si, that “the vehicle is altered, but the credit rating is not good” to the victim within the vehicle of the Defendant. The Defendant purchased the vehicle under the name of the vehicle, and then transferred the name within three months.”

However, at the time, the Defendant did not have any intent or ability to pay the vehicle, even if he purchased a vehicle in the name of the victim due to the lack of any special property or import, and there was no intention or ability to receive the transfer under the name of the Defendant within three months.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim purchase only one vehicle in his name BMW740L under the name of the victim, and had the victim bear 125,261,810 won for the vehicle, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written complaint, each register of automobiles (D, E) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommendations based on the sentencing criteria - Areas subject to reduction of types of general fraud: Imprisonment with prison labor for not more than one year;

2. Consideration - The circumstances in which the defendant's age, character, conduct, health conditions, home environment, motive, means, consequence, etc. are considered - All of the various sentencing conditions shown in the records of this case, such as the defendant's age, character and conduct, condition of health, home environment, motive

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