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(영문) 수원지방법원 2015.05.13 2014고단6487
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant purchased K5 motor vehicles at the “Abandoned Motor Vehicle D Branch in Gyeonggi-si Co., Ltd.” located in Gyeonggi-si, and entered into an installment loan agreement with the victim Aju Capital Co., Ltd. to pay for 625,30 won a monthly installments for 60 months, and borrowed 29,50,000 won from the above victim company.

However, at the time, the defendant did not have any particular property or income, and even if he received a loan from the injured company in the state that the monthly rent and management expenses of the apartment that lived, there was no intention or ability to pay installments according to the contract.

The Defendant, as such, was given a delivery of KRW 29,50,000 by deceiving the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. A mortgage contract for automobile commuting;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with the F director of the D Office of Abandoned Vehicles);

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] Article 347 (1) of the Act on the Punishment of Specific Crimes [the grounds for sentencing of Article 347 (1) of the Criminal Code] There is no basic area (6 to 100 million won) [the person who is a special person] [the decision of sentencing] [the grounds for sentencing] of the category 1 (6 to 16 months] (the special person who is a defendant] 6 months after the commission of the crime in this case, the number of damages, and 3 years after the defendant settled in Korea at the time of the crime in this case. Thus,

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