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(영문) 인천지방법원 2014.09.25 2014고단4475
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant borrowed from Hyundai Capital Co., Ltd., which was the victim, and did not own a motor vehicle even if he purchased K7 motor vehicles, but was the purpose of paying his personal debt by selling it immediately around March 16, 2014.

Nevertheless, the Defendant, at around March 13, 2013, issued KRW 31,20,000 from the victim company, i.e., KRW 31,20,000 from the victim company, by preparing and submitting a motor vehicle installment plan to the effect that, without notifying the aforementioned facts to the motor vehicle business personnel, the Defendant would have received a loan from the motor vehicle business personnel without notifying the said facts.

Accordingly, the defendant was given property from the victim company by deceiving the above vehicle operating staff.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] No person who has no basic area (6 months to one year and six months) [the decision of sentencing] [the decision of sentence] that the defendant repents and reflects his mistake, the defendant paid part of the damage amount in this case, and additionally deposited 1.630,000 won, and all other factors of sentencing, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be determined as ordered, and the execution of the sentence shall be suspended as ordered, and community service service shall be ordered together.

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