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(영문) 수원지방법원 2014.05.28 2014고단1635
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 17:00 on 15:17:00 on 15, 2013, the Defendant purchased B 29,984,000 won at the market price of two vehicles in the Pyeongtaek 40 on f.o.b. B, in order to prepare the above vehicle price, the Defendant filed an application for a loan to an employee under the name-free title who works for the victim B. 3, 1984,00 won.

The Defendant owned the real estate of 105 dong C1302, which is the victim company’s name-free employee, and D, the wife, owns the real estate of 105 dong 1302 dong 103 dong 102, and falsely stated that he/she can pay 50,000 won per month when he/she submits a certified copy of the above real estate and lends the above vehicle to himself/herself.

However, in fact, apartment buildings in C among the above real estate had already been sold to F on April 29, 2013 after receiving KRW 153,500,000 from F, and the Defendant was a plan to transfer the registration of the above apartment to F on June 13, 2013.

In addition, since the defendant was in preparation for divorce with D around June 2013, he could not use E apartment houses owned by D, which were owned by D, to repay the borrowed money from the victim.

Nevertheless, the Defendant deceivings employees of the victim company as above and received KRW 29,800,000 from the victim as a loan for the purchase of vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of types] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended sentence] mitigation area (one month or one year of imprisonment] (the scope of the recommended sentence and the scope of the recommended sentence] mitigation area: Ad hoc penalty surcharge;

3. The defendant who has made a decision of sentence has repented his errors.

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