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(영문) 광주지방법원 2016.05.19 2015고단320
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant applied for a loan equivalent to KRW 19,50,000 for the purchase fund of the vehicle to the staff in charge of the victim's Hyundai Capital in the Seo-gu Office of Gwangju, Seo-gu, 502, and the Defendant purchased the said vehicle.

However, even if the defendant purchases the above vehicle, he/she applied for a loan with the above amount as a vehicle purchase fund in order to take over the vehicle with a large vehicle other than his/her own purpose and receive the price therefor, and there was no intention or ability to repay the above loan.

As above, the Defendant purchased the said vehicle with a loan of KRW 19,50,000 from the Hyundai Capital of the Victim for the purchase of the vehicle from the Defendant’s false horses, and then acquired the pecuniary benefits equivalent to the said amount by failing to repay the loan to the nameless large-sized vehicle businessman.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement in the police statement protocol against E;

1. Application of the application for the borrowed loan of modern capital and the payment details under the Acts and subordinate statutes;

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] in the basic area (six months to one year and six months] [the person subject to special sentencing] [the sentence]] of the crime of this case in light of the details of the crime of this case and the applicable law, etc., it is inevitable to sentence the defendant as to the crime of this case if considering the following factors: (a) the nature of the crime is not good; (b) the actual damage to the victim company is not recovered; and (c) the defendant is deemed to have failed to comply with the request of the court for appearance and have escaped.

The punishment as ordered shall be determined by comprehensively taking into account the fact that the amount of fraud is 19.5 million won, and other various sentencing conditions, such as the defendant's age, sex, environment, etc.

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