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(영문) 대전지방법원 홍성지원 2015.09.30 2015고단577
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant purchased one motor vehicle in his own name at the victim 1 capital 601 of the Suwon-si, Suwon-si, 1038-2, Suwon-si, 1038-2, the Defendant pretended to purchase a motor vehicle in order to use the vehicle for business purposes, even though there is no particular property and there is no intention or ability to pay the installments properly, and even if there is a circumstance for financing by the method of loan of installment financing without the intention to purchase and possess the motor vehicle, the Defendant would purchase the motor vehicle in order to use it for business purposes.

On the same day, the Defendant deceivings the victim company as above, and thereby, acquired the money from the victim capital Co., Ltd. to the bank account of 32.6 million won under the name of the said vehicle capital loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Act No.62(1) of the Criminal Act) (amended by Presidential Decree No. 10 years to 10 years (applicable of sentencing guidelines): Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million): The scope of recommended punishment and recommended punishment that there is no relevant person: the basic area; the amount of deceptive money between 6 months and 1 year 6 months; and not more than 32.6 million won; and damage recovery was not achieved; however, it was not possible that the Defendant, who had been poor as a basic recipient, would receive a loan under the name of the Defendant; considering that there was little amount actually acquired by the instant crime; considering the circumstances favorable to the Defendant; and considering the Defendant’s age, character and behavior; circumstances favorable to the Defendant; and the circumstances, etc. after the instant crime.

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