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(영문) 대구지방법원 2015.09.22 2015고단1583
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 28, 2014, the Defendant: (a) purchased Eland in the Daegu Jung-gu Agency for the Co., Ltd., Ltd., and (b) held that “The Defendant would repay KRW 2,660,000 as the purchase price of Lone Star every 643,159 won every month to 48 months, if he/she loans KRW 2,660,000 as the purchase price of Lone Star.”

However, even if the defendant received the loan, he did not have the intention or ability to repay it.

In the end, the Defendant, as above, was urged by the victim, and received KRW 26.6 million from the victim under the pretext of the installment loan on the vehicle.

2. On August 7, 2014, the Defendant: (a) purchased F Kawn vehicle at the Amhodong-dong office located in Ansan-si, Seocho-gu; and (b) drafted an application for a vehicle purchase loan to the employee of Hyundai Capital Co., Ltd., Ltd., the victim, “I will refund KRW 318 million to KRW 628,179 per month for the loan of KRW 628,179 per week; and (c) drafted an application for a vehicle purchase.

However, the defendant did not have the intention or ability to repay even if he received a loan.

Ultimately, the Defendant, as seen above, was urged by the victim to receive KRW 31.8 million under the pretext of the installment loan on the vehicle from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Application for installation of each new vehicle, each certificate of personal seal impression, each register of automobiles, guidance on loss of deadline interest, details of request, details of payment, details of payment, application of Acts and subordinate statutes of the counseling and inquiry force;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and the basic area (one to one year and six months) (the special person) of the sentencing criteria;

2. Taking into account the circumstances - None of damage recovery, old, but there are other criminal records such as suspended execution of the same kind of occupation.

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