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(영문) 창원지방법원 통영지원 2018.12.18 2018고단1094
사기
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.

Reasons

Punishment of the crime

On June 4, 2013, the Defendant: (a) prepared an application with the intent to lend money to a third party after obtaining a loan from a third party and offering it as collateral; (b) prepared a written request to the effect that “one of the vehicles with a third party in the straw in the string land” is to purchase, pay, pay 22,00,000 won, payment period, 36 months, work name B, and workplace telephone C; and (c) submitted it to the employee of the victim Hyundai Capital Co., Ltd. through the staff of the maintenance shop.

However, in fact, the Defendant did not have any particular income at the time, and did not exist, and the Defendant provided the above vehicle as collateral and prepared the money to use it as living expenses, etc., and the Defendant did not have any intention or ability to repay the loan to the victim.

Nevertheless, the defendant, by deceiving the victim, received 22 million won from the Agricultural Cooperative Account (D) under the name of the defendant for the same day and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes on the review table;

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

1. Although the defendant was unable to pay damages to the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the amount actually acquired by the defendant in the instant case shall be determined as ordered by taking into account the defendant’s age, sex, criminal conduct, environment, health conditions, circumstances leading to the crime, means and result, circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.

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