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(영문) 서울북부지방법원 2014.12.04 2013고단2015
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 12, 2012, the Defendant purchased one rocketing car in the name of the Defendant’s father D, and borrowed the above money from the victim who believed that “The Defendant would have repaid 1,129,373 won each month of the loan of KRW 277 million to the non-employee of the victim(s) of the Plaintiff’s (i.e., the purchase of the said vehicle) in the name of the Defendant’s father at Kimpo-si, Kimpo-si, and (ii) borrowed the said money on the same day from the victim who believed that the Defendant would have repaid 36 months.

However, in fact, the defendant had almost little income at the time of this case, and the reason for purchasing the above vehicle was to sell it immediately and raise the living expenses. The above installment was paid once, and there was no intention or ability to pay it normally even if it was given a loan to the above money.

Accordingly, the defendant deceivings the victim and acquired 27.7 million won.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Statement to E by the police;

1. The agreement of middle and high loan, the register of automobiles, the details of deposits, and the application of statutes;

1. The punishment shall be imposed on the defendant in light of the relevant statutory provisions as to the crime in which the damage of the reason for sentencing has not been recovered. However, the punishment shall be imposed in consideration of the following circumstances: the defendant's age, character and conduct, environment, and circumstances leading to the crime (or the preparation of hospital expenses for the mother's relative), etc.

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