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(영문) 서울서부지방법원 2013.05.30 2012노1201
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant above.

Reasons

Summary of Grounds for Appeal

In view of the fact that the prosecutor Defendant purchased in installments for the purpose of commercializing the present vehicle, and that the Defendant had no intent to repay or ability to repay at the time of the purchase of the said vehicle, the first instance judgment that found the Defendant not guilty of this part of the facts charged is erroneous in the misapprehension of legal principles.

Defendant

The punishment (one million won of fine) imposed by the court below on the defendant is too unreasonable.

Judgment

We examine ex officio the prosecutor's decision and the defendant's reasons for appeal.

The first and second original judgments against the defendant are separately sentenced, and the prosecutor filed an appeal against the second and the second original judgment against the defendant, and this court decided to jointly deliberate on each of the above appeal cases. The first and the second original judgment's conviction against the defendant is acknowledged as follows. As long as each of the first and the second original judgment's crimes against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 38 (1) of the Criminal Act, it shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act, so the first and second original judgment cannot be maintained

The summary of the facts charged 1 on December 5, 201, the Defendant purchased 69,700,000 won at the store of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government “Effic Vehicle” on the market on December 5, 201. The Defendant merely thought that the said vehicle would be immediately transferred to a second buyer and commercialized, even if he did not have the intent or ability to pay the installment payment from December 25, 201 to November 25, 201, the Defendant purchased 1 of the 69,700,000 won for the remainder of 55,760,000 won for installment financing loans from the victim main service Korea Co., Ltd.

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