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(영문) 부산지방법원 2016.07.12 2016고단1342
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant had attempted to obtain a loan by means of false words as if he/she purchased a motor vehicle from an employee of the capital invested company.

On June 9, 2015, the Defendant purchased a loan from the victim C Office located on the first floor of the Busan Jin-gu B, Busan, and offered the loan as security to D employees belonging to the above victim D on June 9, 2015.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that all of the defendant would consume a car for the purpose of living expenses, etc. without any idea to purchase a car for the food A8 in 2006, and even if he was granted a loan from the injured party, he did not have the intention or ability to offer the above AA8 car as security to the injured party.

The defendant was transferred KRW 900,000 to the corporate bank account under the name of E designated by the defendant on the same day from the victim who was in the above false statement.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made with D;

1. The filing of a complaint, Hyundai Capital loan, copy of the part of the automobile source, automobile registration certificate, transaction details inquiry, transaction details by account, transaction specifications by account, text messages printed out, credit information inquiry consent, and application of Acts and subordinate statutes on credit information report;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The execution of imprisonment shall be suspended in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] and the following factors: (a) the mitigation area (one month to one year); (b) the reduction area (a person with a special mitigation); (c) the non-execution of punishment or the recovery of considerable partial damage (a) the sentence was rendered once a penalty is imposed; (d) the person with a substantial damage; (e) the fact that there was no other force;

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