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(영문) 대전지방법원 2015.11.19 2015고정1427
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 11, 2013, the Defendant made a false statement to the victim D, stating, “To purchase a heavy vehicle with good credit, and transfer its name after three months, because of the purchase of a heavy vehicle.”

However, there is no intention or ability to pay the purchase price even if the vehicle was purchased with the loan under the name of the victim.

The defendant obtained a loan of KRW 24 million from the Hyundai Capital to purchase a vehicle, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. positive sentencing factors: The fact that the victim does not want the punishment of the defendant, and the defendant is carrying out faithfully the promise to repay the victim;

2. For negative factors of sentencing: The fact that there is a history of being sentenced to the fines twice including the same kind of offense and twice.

3. Determination of sentence as ordered by the above comprehensive consideration of the above sentencing factors.

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