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(영문) 광주지방법원 2018.06.21 2017고단5173
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 11, 2014, the Defendant purchased a vehicle from the Seoul Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter “Seoul Gangnam-gu”) on the condition that the vehicle would be changed by KRW 16.9% per annum between August 10, 2014 and July 10, 2017 and KRW 16.9% per annum between August 10, 2014 and July 36, 2017.

However, even if the Defendant received a loan from the injured party, the Defendant did not have any intent or ability to repay the loan as agreed with the injured party because the deposit amount of KRW 10,000,000 which the Defendant received was settled in the laundry and all of the cost of living.

Nevertheless, if the injured party paid the installments of the above vehicle on behalf of the injured party, the defendant prepared an agreement to apply for a debate as if he would faithfully pay the said installments and deliver it to the injured party, and he did not pay the amount equivalent to 27,000,000 won of the loan from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of credit information, a copy of an agreement for discussion, a copy of an automobile registration certificate, and a letter of undertaking

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act for the reason of sentencing under Article 62-2 of the Protection and Observation Criminal Act is to be determined as ordered by taking full account of the following factors: (a) the accused is led to the confession of the offense and the mistake thereof; (b) the accused is taking advantage of his/her repayment of damage; (c) the accused does not have any criminal record other than the punishment once by a fine; (d) the amount of defraudation; and (e) the accused’s age, sexual conduct, environment; (e) motive for

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