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(영문) 인천지방법원 2015.04.30 2014고단7681
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2012, the Defendant made a false statement that “The Defendant would pay 532,80 won each month in installments every 60 months for the next 60 months, if he would be able to purchase a vehicle using a capital flight of the capital of the capital of the victim, at the Seodaemun-gu Incheon Special Metropolitan City Scar 711-12.”

However, there was no intention or ability to pay the installment even if the automobile was purchased by installment.

As such, the Defendant: (a) by deceiving the victim as such; (b) purchased an automobile contract in the amount of KRW 26 million with the principal to be paid for the victim Aju Capital; (c) Ccopic car in the amount of KRW 1 unit; and (d) purchased an automobile contract in the amount of KRW 60 million with the installment period of KRW 60 months; and (b) did not pay the purchase price for the said car on behalf of the victim; and (c) did not pay the purchase price for the said car, the Defendant acquired property benefits equivalent

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning the receipt of principal and interest of the motor vehicle register, copy of the application for fluoring the payment of the principal and interest;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Form] There is no basic area (6-100,000 won or less) (6-100,000 won) [Pronouncement Decision] Inasmuch as it is not good for the crime to be committed by paying 30,000 installments of the above KodoC car, the victim can recover the considerable part of the damage as a mortgagee for the said car, and most of the defrauded money is deemed to have been attributed to the loan braceer, and there is no criminal record other than the punishment of fine for the violation of the Road Traffic Act, and the defendant's age, character and conduct, environment, and the crime of this case is committed.

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