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(영문) 수원지방법원 2016.02.18 2014고단6120
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant agreed to pay the victim company KRW 616,943 each month for a 60-month period after receiving a loan of KRW 30 million from the victim's Hyundai Capital Co., Ltd., and purchasing the 1 unit of the Eland for the Eland for the 60-month period.

However, the Defendant did not have any profit at the time, and the Defendant did not have 4.2 million won for the vehicle acquisition fund, and used 4.2 million won out of 1.2 million won for the acquisition fund, which was received by selling the said vehicle to YY as one of the stock companies at the time of automatically taking over the said vehicle, and there was no intention or ability to repay the amount borrowed from the victim company, such as using the remaining 7 million won for monthly rent and living expenses, etc.

As seen above, the Defendant: (a) by deceiving the victim company; and (b) obtained loans from the victim company, i.e., KRW 30 million, from the victim company; and (c) obtained pecuniary benefits equivalent to the above amount in a manner that did not repay the loans.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiry about the details of liquidity transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. In light of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of sentence] in general fraud (from June to January, 6], there is no person who has a special sentencing sentencing [the person who has been sentenced] [the amount of damage] [the decision of sentence], the amount of damage is not small, the damage has not been completely recovered, and the contract appears to be a planned crime, such as a false statement of personal information in the contract, etc., the sentence of imprisonment shall be imposed (the sentence of imprisonment).

The term of imprisonment, together with the circumstances presented as the reasons for the sentence of the above sentence, is the fact that the defendant pays off in installments, and there are no other criminal records except for five years before and after the minor fine due to the crime of this paper, and the circumstances of his dependants, etc.

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