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(영문) 대구지방법원 서부지원 2013.07.02 2013고단310
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 2, 2010, the Defendant, at the office of the Da located in the Seocho-gu Office of the Seocho-gu Francing Party B, said that the victim D would have had his her stuffed factory established and had his her stuffed business registered in the victim's name paid 3 million won or more per month. On December 26, 2010, the Defendant stated that the victim D had not yet registered stuffed stuffed her stuffed her business, and that on December 26, 2010, the Defendant would have purchased her vehicle under the name of her representative and transferred her ownership to the name of the corporation as the corporation was established, and that her would not cause

However, the defendant was unable to establish a factory due to the lack of factory establishment funds, and even if he borrowed the vehicle in the name of the victim and purchased the vehicle under the name of the victim, he did not have the intention or ability to pay the installment of the vehicle normally.

Nevertheless, on December 26, 2010, the Defendant, by deceiving the victim as above, had the victim take out a loan from Hyundai Capital Capital Co., Ltd. under the name of 28.5 million won for the purchase of cars, and had the victim buy the E EM car, and was issued the car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to guidance on arrears;

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 on the stay of execution (In consideration of the size of damage, such as the return of a vehicle);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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