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(영문) 부산지방법원 2018.08.16 2018고단2558
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2017, the Defendant entered into a loan agreement with the Defendant on the loan of KRW 23,600,000 for the vehicle price of non-Korean Capital Co., Ltd. and B Spart-si (one time, KRW 747,250, KRW 623,943) for a period of 60 months.

However, at the time, the above purchase price was unrepared by the defendant to get financing, and the defendant did not have the intention or ability to pay the loan normally.

After all, the defendant deceivings employees in charge of lending the damaged company as above and acquired 23.6 million won from the damaged company as a loan to the vehicle price for used cars.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (Submission of a written statement and telephone investigation);

1. Application of Acts and subordinate statutes of notification on the filing of a complaint, application for discussion on the second and second terms and conditions, terms and conditions of installment financing, registration of automobiles, original specifications for automobile registration, details of commencement of voluntary auction, impossibility of delivery of automobiles, details of receipt compared to the plan, and loss of time limits

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. Although the defendant in the decision of sentencing has led to the confession of the crime and the mistake, the defendant purchased the vehicle for the purpose of obtaining the loan and obtained the loan as security, the vehicle purchased for the purpose of offering as security has become unable to exercise the security right to dispose of it as the so-called "large-type vehicle" only two weeks after the loan was received, the damage has not been recovered, there has been two times of punishment for fraud, and there has been a history of being suspended one-time suspension of indictment.

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