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(영문) 울산지방법원 2016.04.29 2015고단3026
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2014, the Defendant purchased a YF rocketing car from the office of the Vietnam War Co., Ltd. (former trade name: nonSP Capital Co., Ltd.) that was affiliated with the victim Non-NF Docl, Nam-gu, Incheon, Seoul around August 6, 2014, and paid 618,238 won each month to the employees C for 48 months of the purchase of the YF string car.

“.....”

However, the defendant applied for a loan with a proposal to provide a loan of five million won when purchasing a vehicle with a loan from D that he/she became aware of through the Internet, and there was no intention or ability to pay monthly installments in the absence of a certain import.

The Defendant: (a) by deceiving C as above, purchased one unit of YF rocketing car in KRW 22,550,000; (b) received installment financing of KRW 20,000 from the victim Vienna Co., Ltd. for the purchase price for automobiles; and (c) did not pay the installment payment of KRW 19,455,489; and (d) acquired pecuniary benefits equivalent to the same amount.

Accordingly, the defendant acquired property benefits in collusion with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An agreement on non-financial and erroneous debate (application) to be concluded;

1. Application of Acts and subordinate statutes on repayment of loans;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (less than KRW 100,00) of the sentencing guidelines: The scope of the recommended punishment that no person is subject to special sentencing: Imprisonment with prison labor for up to six months to one year and six months (the basic area): where there is a purpose such as basic livelihood and medical expenses (a mitigation element), where a person fails to consume most of criminal proceeds (a mitigation element), small participation (a mitigation element), serious reflectiveness (a mitigation element), and criminal punishment.

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