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(영문) 전주지방법원 2016.07.26 2016고단336
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On May 30, 2012, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Gwangju District Court, and was released on April 30, 2013 during the execution of sentence in the Gwangju Prison, and the parole period expired on July 5, 2013.

On April 22, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Jeonju District Court, and the judgment became final and conclusive on July 5, 2016.

[2] On February 1, 2014, the Defendant: (a) sent the victim’s phone conversations via C at a supersceptic place on the early February 2014, the Defendant stated to the effect that “on the face of a week from three months to six months, the Defendant transferred the name of the vehicle without conditions; and (b) the vehicle that received the loan will be paid on the monthly basis.”

However, even if the defendant purchased the vehicle with the loan in the name of the victim, he did not have the intention or ability to transfer the name again, and there was no intention or ability to pay the vehicle installments continuously.

Around February 9, 2014, the Defendant, by deceiving the victim as above, had the victim take a loan of KRW 25 million from the Hyundai Capital Capital to the third party, and on the same day, acquired property benefits equivalent to the value of the Eland car in the name of the victim purchased from the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to D or F;

1. Investigation report (verification of the original register attached to the register of motor vehicle and the former owner prior to the complainant), investigation report (Listening to the statements of the owner G before the departure of the Eland), and investigation report ( listening to the statements of witnesses other than a case);

1. Before judgment: Application of the defendant's legal statement, inquiry about criminal history, investigation report (report attached to the judgment, etc. of the same kind of crime as the suspect), and investigation report (verification of the fact that the period of repeated crime is being period at the

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

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

1. The Criminal Act dealing with concurrent crimes;

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