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(영문) 의정부지방법원 2015.02.03 2014고단2798
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 31, 2013, the defendant was sentenced to a suspended sentence of two years for eight months at the District Court for fraud.

6. 8. The judgment became final and conclusive.

Around 14:00 on August 13, 2013, the Defendant made a false statement to the effect that “The Defendant would repay all of the loans in cash in cases where it is impossible to identify a place below Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as Gangseo-gu Seoul Metropolitan Government).” The Defendant borrowed the name of the loan in order to purchase the vehicle in a middle or high-speed vehicle, changed the name in the name of the loan within one month, and

However, the defendant did not have the intention or ability to change the name of the loan in the name of the defendant even if he purchased a heavy vehicle with a loan borrowed in the name of the victim due to poor credit rating at that time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to borrow KRW 9 million from Hyundai Capital Co., Ltd. in the name of the victim; and (c) purchased the above-mentioned vehicle in the name of the victim; and (d) did not change the name of the loan in the name of the Defendant even if the victim was delivered the above-mentioned vehicle, thereby acquiring the above pecuniary benefits equivalent to

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint, a written statement, and a receipt;

1. Investigation report (verification of ownership relation and register of automobiles of a suspect);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and attachment of a certified copy of judgment);

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment [the scope of recommendation] general fraud and there is no basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentence] [the decision of sentence] Defendant is strictly punished as committing the crime of this case during the suspension period of execution for the same kind of crime.

It is time from the date of crime to the present one year and six months.

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