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(영문) 서울중앙지방법원 2013.11.08 2013고단4952
사기
Text

A defendant shall be punished by imprisonment for six 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 May 14, 2013, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor at the Seoul Central District Court for embezzlement, and the judgment became final and conclusive on the 22th of the same month.

The Defendant, without having the intention to actually purchase an automobile, merely borrowed the name of C in order to provide financing for business funds by means of installment financing loans, and pretended to purchase an automobile owned by E Co., Ltd. owned by D as its representative director through D through D, with the intent to obtain an installment financing loan from the victim Korean Social Co., Ltd.

Accordingly, around January 20, 2012, the Defendant submitted to the victim company the documents to purchase F F F. F. 407 HDi owned by E Co., Ltd. in the name of C, and applied for installment financing loans and obtained 24,800,000 won from the victim company as part of installment financing loans.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the suspect interrogation protocol of each prosecutor's office against the accused (including the C statement part);

1. Statement made by the prosecutor in relation to D;

1. Statement of registration certificate;

1. Previous records: Application of the Acts and subordinate statutes in which a report of investigation is entered (Attachment of a judgment of conviction against embezzlement related to a suspect vehicle);

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes have not been agreed with the victim. However, the defendant repaid the victim the amount of KRW 20 million to recover from the part equivalent to the amount of damage; the defendant led to the confession of the crime; the crime of this case is against the defendant; the crime of this case is the first head of the judgment that became final and conclusive and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, which should consider equality with the case where the judgment is rendered at the same time as the above crime of embezzlement; the defendant's age, character and conduct, environment, motive for the

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