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(영문) 전주지방법원 군산지원 2017.11.08 2017고단622
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

[criminal history] On June 26, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution on July 4, 2015, and the above judgment became final and conclusive on July 4, 2015. On November 4, 2015, the same court was sentenced to one year and six months of suspended execution and three years of suspended execution, and the above judgment became final and conclusive on November 12, 2015, due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

[2] On October 15, 2014, the Defendant conspired with C to make a loan of KRW 20,100,000 on the condition that the Defendant purchased and offered as a security the automobile of the DombenCC at the Automobile Sales Center where it is difficult to know the trade name in Ansan-si, Seoul Special Metropolitan City on October 15, 2014, and repaid KRW 766,000 for 36 months from November 15, 2014 to October 15, 2017, the Defendant would make a false statement that the Defendant would receive a loan by providing it as a security after purchasing the vehicle from the employee in charge of the loan of the victim Hyundai Capital Co., Ltd.

However, in fact, the Defendant did not actually purchase a vehicle with heavy halogen, but intended to obtain a loan for purchasing a vehicle with the intent to use it as a business fund, and there was no intention or ability to complete the loan even if he did not have any specific property and received a loan from the injured party.

Accordingly, the Defendant conspired with C to induce the victim as above and received 20,100,000 won as a loan from the injured party around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to supplement complaints filed against E and F;

1. Examination table, application for the borrowed loan of modern Capital, and the original register of motor vehicle registration;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (verification of whether a crime is committed during the period of suspension of execution), and application of two copies of the relevant judgment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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