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(영문) 부산지방법원 2017.08.29 2016고단2629
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant, who is urged to pay debts, such as credit card debts, purchased an off-to-land bill with an off-to-land bill, and sold the over-to-land bill to provide financing.

On May 20, 2015, the Defendant, at the Daegu Dong-gu Airport, 287, purchased Mabro, Inc. at the Daegu Branch of “Non-Mable Social Services Korea Co., Ltd.” (hereinafter “Co., Ltd.”), a member store of 287, the Defendant entered into a loan agreement with the victim and the Defendant on the condition of paying KRW 6,60,00 as the condition of payment, by purchasing Mabro, “20 in 2015, FMC C 650.” Until the full installment payment is made, the Defendant directly held and operated the above Oba while holding and operating the 14,985,00 won of loans, contract period, 36 months, and 280,975 won of loans, and at the maturity of 6,660,000 won.

However, in fact, the defendant had no intention to own and operate the Oralone directly until the installment is paid in full, since he was able to lend the Oralone by means of selling the Oralone to another person after receiving the installment loan from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) had the victim pay “14,985,000 won” for the vehicle on May 29, 2015; and (c) had the victim obtain pecuniary benefits equivalent to the amount of the said money by having the victim pay it to the Mod Mad Ra.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of examination of witnesses B of this court;

1. A supplementary statement of criminal complaints prepared C;

1. A copy of the subsidiary financial agreement to be provided;

1. Terms and conditions of automobile installment financing;

1. A copy of a receipt for installment payment;

1. A copy of the register of two-wheeled automobiles;

1. Application of Acts and subordinate statutes to the investigation report (No. 20 No. 5 of the evidence list);

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

1. The reasons for the sentencing of Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution are as follows:

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