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(영문) 청주지방법원 2016.09.08 2016고단883
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 13, 2012, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Safety Control of Dangerous Substances at Daejeon District Court on September 13, 2012, and was released from Daejeon Prison on January 30, 2013, and the term of imprisonment expired on February 8, 2013.

Criminal facts

On March 2014, the Defendant conspiredd to acquire the loan by deceiving financial institutions under the pretext of using them for the purchase of vehicles together with nameless winners (one name B; two hereinafter referred to as "B") in the early police.

Around March 14, 2014, the Defendant, along with B, made a false statement with D Daejeon Branch E to the effect that “I would obtain a loan to purchase a AD car” at the office of B located near the Dong-dong, Seoul, and through the above E, submitted an application for installment financing agreement to a staff member of the victim Ith Capital Co., Ltd., Ltd. to submit a written application for installment financing.

However, in fact, the defendant received a loan from the victim, purchased the car, disposed of it again, and tried to use it for living expenses, etc., and there was no intention or ability to repay the loan to the victim because there was no particular property or income.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim as a loan on the same day.

Accordingly, the defendant acquired the property of the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning F;

1. 고소장, 채권잔액조회, 스케쥴대비 입금현황, 자동차할부금융약정서

1. Previous convictions: Criminal records, investigation reports (verification of facts committed during the period of repeated crime and attachment of relevant judgments), copies of written judgments, and application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is general fraud.

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