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(영문) 인천지방법원 부천지원 2017.02.17 2016고단2151
사기
Text

Defendant

A shall be punished by imprisonment for six months.

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

Reasons

On May 2012, the Defendant delivered a copy of his resident registration, family relation certificate, and certificate of seal imprint at a coffee shop in which it is impossible to know the trade name near the Daejeon-dong, Jung-gu, Daejeon-gu, Daejeon-gu, Daejeon-do, 350, to one borrower, and E used it to purchase a 4.5 tons of first-class 4.5 tons of the F (G before the change) treatment in the name of the Defendant, and paid 53 million won of the purchase fund of the above truck to an employee for whom it is impossible to know the name of the victim A Capital Co., Ltd. (hereinafter referred to as the “victim”) who purchased the above truck under the Defendant’s name, and paid 30 months of the loan on condition of the equal repayment of the principal and interest of 2,256,720 won per month and 30 months of the loan period.

On May 11, 2012, it had the damaged company pay KRW 53 million to H, a seller of the above truck.

Accordingly, the defendant, in collusion with E, had the victim by deceiving him, thereby acquiring property benefits equivalent to 53 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Complaint;

1. Original Register of Automobile Registration;

1. A written agreement on the flusium to be entered into by the issuer;

1. A written agreement on the establishment of a right to collateral security for automobiles;

1. Application of Acts and subordinate statutes on receipt of monetary statements, and the details of receipt of principal and interest on disposable discrimination;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (2) of the Criminal Act on the stay of execution (Consideration of circumstances favorable to the accused);

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

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The Defendant’s crime of sentencing that resulted in damage up to 53 million won by the damaged company, and the damage has not been fully recovered until now, and the Defendant has been punished five times (one set of penalty and four times of imprisonment) as a crime of fraud.

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