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(영문) 광주지방법원 2018.06.21 2018고단1465
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On June 8, 2006, the Defendant was sentenced to five years of imprisonment by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the period of parole was expired on December 23, 2011 during the execution of the sentence. On March 1, 2012, the period of parole was expired, and on August 13, 2015, the judgment became final and conclusive on October 29, 2015 by being sentenced to imprisonment with prison labor for habitual larceny and aiding and abetting at the Gwangju High Court.

On February 6, 2013, the Defendant purchased 10 million won of D SP vehicle at the middle and high commercial office in Seo-gu in Gwangju, Seo-gu, Gwangju, and applied for a loan to the extent that the Defendant did not have the intent or ability to pay the loan normally even if he/she received a loan from Agropoon Co., Ltd. on the security of the said vehicle, and obtained a loan from the victim company with the amount of KRW 10 million used as the purchase price for the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of some prosecutorial offices regarding E;

1. A written application to be drawn off by the issuer, the original register of each motor vehicle registration, computerized data on the payment of installments, and the details of transactions with the Saemaul Treasury in the name of E;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (verification of suspect A, repeated crime, etc.) and application of Acts and subordinate statutes of Part II of the Judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Although Article 35 of the Criminal Act provides that the defendant's reason for sentencing of aggravated repeated crimes reflects the wrongness while making a confession of the crime, it is inevitable to sentence sentence in consideration of the fact that the criminal records are many, the crime is committed during the period of repeated crimes, and the long-term damage recovery is not achieved.

Therefore, in addition to the scope of damage, motive and background of the crime, and circumstances after the crime of this case, the punishment of this case shall be determined as per the disposition by taking into account the equity in the case where the crime of this case was judged concurrently with the crime of habitual larceny

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