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(영문) 울산지방법원 2018.04.12 2017고단4111
사기등
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 two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On December 8, 2010, the Defendant borrowed 15,300,000 won for the vehicle as the purchase fund, in order to purchase 15,30,000 won for the vehicle from among the “Abre Habre HD” among the “Abre Habre Had” by the “D Automobile Trading Business Co., Ltd.” located in Seo-gu Daejeon, Seo-gu, Daejeon. On the other hand, the Defendant set up a right to collateral security equivalent to 15,300,000 won for the above vehicle and repaid the loan in the way of equal repayment of the principal and interest during the period of 36 months.

“The meaning of “.......”

However, as soon as the Defendant purchased the above vehicle, he thought that he would receive KRW 1.5 million in return for the delivery to the broman (one name F, one name G) and was responsible for a considerable amount of personal debt, and there was no intention or ability to repay the loan even if he received the loan from the victimized company as above.

Nevertheless, on December 10 of the same year by deceiving the above E, the Defendant was granted KRW 15,300,000 from the victimized Company.

As a result, the defendant by deceiving E, received property from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of a product application or loan application;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reasoning for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] Article 62(1) of the Act on the Suspension of Execution (the scope of the recommended punishment] In the mitigated area (one month to one year), [the person with special mitigation] Article 4(1) of the Punishment Act, or where considerable damage was restored (the decision of sentence], there is no previous conviction exceeding the same type and fine, the amount of damage the complainant demanded after prosecution was paid in full, confession and reflect, and all the conditions of sentencing are considered, such as the defendant's age, environment, motive and background of the crime, means and result, etc.

Parts of innocence

1. The Defendant is a victim corporation, as indicated in paragraph (1) around December 10, 2010.

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