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(영문) 대구지방법원 포항지원 2016.12.21 2016고단889
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 16, 2015, the Defendant purchased D QM3 passenger cars at the Rotteian Motor Vehicle C Agency located in Thenju City, and borrowed 24 million won from the victim Alpha Korea Co., Ltd., Ltd., the Social Services Korea Co., Ltd., which was the victim, and agreed to pay the debt in installments for 36 months.

However, the defendant did not have the ability or intent to repay the above debt due to the lack of special property or income, and rather, he purchased the above car and transferred it to the lender in the name of the non-resident.

As above, the Defendant, by deceiving the victim as above, had the victim pay 24 million won to the Manomo Motor Vehicle on the same day, acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An automobile installment financing agreement;

1. Application of the register of automobiles statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act and other various sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

D. Unfavorable circumstances: The fact that he participated in the planned crime committed by borrowing a vehicle on a discount basis, the circumstances favorable to the fact that he was unable to pay damages: The actual acquired amount by the defendant is part of the acquired amount, and there is no penalty power exceeding the previous or fine.

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