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(영문) 수원지방법원 2018.03.09 2017고단6920
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant purchased Bing MZ vehicle at the upstream of the border on February 5, 2016, and paid off the principal and interest of 20.9% per annum by the victim for 36 months from the non-us Capital (ju) in equal installments.

(3) A loan of KRW 18 million was provided.

However, in fact, the defendant purchased a vehicle for the purpose of lending cash immediately after purchasing the vehicle, and was engaged in daily work in the status of the debt amounting to 30 million won, such as card theory, and therefore there was no intention or ability to pay installments to the victim normally.

The Defendant, as such, by deceiving the victim, received delivery of KRW 18 million from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to search a petition for complaint, a petition for a second and second high debate, a letter of agreement on second and second high debate, a motor vehicle registration ledger, and an auction case;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [General Fraud] Type 1 (less than KRW 100 million) basic area (six months - one year and six months), - as if a vehicle is purchased for the current financing flow without any intention to purchase the vehicle, the vehicle is a crime, crime, crime, crime, such as deceiving the victim, making it impossible to recover the victim's loan by transfer to another person, and the vehicle is not a bad, damage, recovery, or agreement has not been reached.

The 36 installments of the 36 installments have been paid in 6 installments.

There shall be no history of punishment, other than two minor fines.

It is against the recognition of crimes.

The punishment as ordered shall be determined in consideration of the above circumstances, the age, sex, motive, means, and consequence of the crime, the circumstances after the crime, and other conditions of sentencing.

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