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(영문) 서울서부지방법원 2016.05.27 2016고단768
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In collusion with the name of the defendant, the defendant obtained a loan from the defendant's company with the name of the defendant, and then sold the vehicle to the name of the defendant and promised to receive money from the person with no name.

On February 4, 2009, the Defendant stated that “The Defendant would pay KRW 63,671 per month between 36 months from February 4, 2009 to January 25, 2012, to employees in the name and influencies of the victims Hyundai Capital Co., Ltd., Ltd., who borrowed KRW 20 million from the funds for purchasing the 200 million string of the 2009 strawet.”

However, the defendant did not think that the above vehicle would actually be operated, and even if he received a loan from the injured party due to the absence of certain income or special property at the time, he did not have the intention or ability to repay the principal and interest in time.

Nevertheless, the defendant made a false statement to the victim and caused the victim to pay KRW 20 million as the purchase price for the Hyundai Motor around February 4, 2009, and acquired pecuniary profits equivalent to the same amount by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application for a loan of funds to purchase a motor vehicle, a summary statement, a ledger of motor vehicle registration, an individual statement of payment, a certificate of employment, and application of examination table statutes;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In general fraud, there is no basic area (from June to one year and six months) [the person subject to special sentencing] [the decision subject to sentencing] [the decision subject to special sentencing], the following circumstances, Defendant’s age, sex, environment, circumstances after committing the crime, etc., and the sentence as ordered.

favorable circumstances - Influence to the fact that only a part of the money acquired is deemed to have been used by the defendant - Non-refluence of damage recovery

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