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(영문) 대전지방법원 천안지원 2020.05.20 2019고단2357 (1)
사기
Text

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

As the Defendant and B did not have any circumstances to purchase vehicles with installment loans due to bad credit standing, they purchased vehicles with installment loans in another person's name, and offered loans remaining after purchasing vehicles to be distributed by the Defendant and B.

On June 1, 2017, the Defendant and B stated to the effect that “B will transfer the name of the vehicle to the victim E after three (3) months from the receipt of the loan from the name of the vehicle in order to perform the construction work.”

However, in fact, B could not use the vehicle even if it was purchased due to the condition that the license is revoked due to drinking driving, and both the Defendant and B were the bad credit holder, and there was no intention or ability to pay the installment due to loan because of lack of certain income or occupation.

The Defendant and B had the victim borrow KRW 35 million from the F Co., Ltd. on June 2, 2017 to purchase the 1st share of the G B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant conspiredd with B to acquire pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the fifth trial records;

1. E prosecutorial statement;

1. Investigation report (to hear statements at the H phone of a witness);

1. Application of Acts and subordinate statutes, such as each specification of transactions and payment note;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is committed against a victim with a similar disorder as the defendant, the fact that the defendant recognizes the crime, and the victim does not want the punishment of the defendant.

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