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(영문) 창원지방법원 2017.12.22 2017고단3459
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

The defendant purchased a vehicle in the name of the defendant in the manner of receiving the installment loan from the vehicle under the name of the defendant, and did not pay the installment and collected the vehicle by selling the vehicle immediately.

Therefore, on February 10, 2012, the Defendant purchased a Cran-free car at an irregular place (hereinafter “Cheongju-si”) and agreed not to dispose of the said car at will, without the consent of the victim, until the payment of the loan is made in full, with a loan of KRW 29,50,000 per month from the victim capital Co., Ltd. and the payment of KRW 814,11 per month for 48 months.

However, in fact, since the defendant, upon purchasing the above car, sold it to another person and tried to divide the price into B, the defendant did not think of ownership and management of the above car until he repaid the loan, and there was no intention or ability to pay the installment according to the above agreement.

The Defendant, as such, by deceiving the victim, received KRW 29.5 million from the victim, for the purpose of vehicle loans, from the victim.

Accordingly, the defendant was delivered property by deceiving the victim in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A clause of the concession to be discussed in E, a part to be discussed in E, and a part to be discussed in E;

1. Details on receipt of the principal and interest of disposable discrimination;

1. Application of Acts and subordinate statutes to a report on investigation (to a witness B telephone investigation report);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) lies in the Defendant’s depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading to the instant crime.

On the other hand, damage caused by the crime of this case.

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