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(영문) 의정부지방법원 2014.06.10 2014고단499
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant: (a) entered into a contract with Hyundai Motor Pungs Co., Ltd. in Seocho-gu Seoul Metropolitan Government for purchasing YFIs vehicles, and (b) entered into such contract with a company as C; (c) borrowed money as a purchase price for YFIs vehicles; and (d) paid 490,824 won each month during 36 months in the future; and (c) submitted it to the Defendant Hyundai Pungsa Co., Ltd. through an employee working at that place.

However, the defendant did not have a certain occupation or income, and even if he did not receive money from the victim company as the vehicle price, he did not have an intention or ability to repay it, and actually purchased the vehicle, he thought that he would immediately re-be sold the vehicle.

As above, the Defendant deceptioned the victim company and caused the victim company to pay KRW 23,70,000 as vehicle price to the Hyundai Motor Company on the 9th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to relevant documents at the time of loan);

1. Relevant Article 347 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] from June to June 1, 201, the basic area [the person who is a special person] under reduction and exemption [the decision of sentence] 6 months of imprisonment, probation 2 years of suspended sentence, community service 120 hours, the defendant's actual profit acquired is presumed not to be significant, and the defendant has no record of punishment for the same kind of crime, and the defendant shows an attitude against the defendant's wrong behavior, etc., the punishment shall be determined as per the order within the scope of recommending punishment.

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