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(영문) 인천지방법원 부천지원 2015.05.14 2015고단807
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 1, 2011, the Defendant made a false statement to the Hyundai Capital Co., Ltd., Ltd., through its business employees, that “I will pay 359,884 won each month in installments for 60 months if I would be able to purchase the Lone Star car using the Lone Star loan finance,” at the Hyundai Motor C Agency in Seongbuk-gu Seoul, Seoul.

However, in fact, the defendant did not think that he would normally operate the above car, and was planned to lend cash by selling it immediately, and even if he did not receive a loan from the victim company due to no special property or fixed income, he did not have the intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim company, obtained a loan of KRW 17.5 million from the victim company as the purchase price for one motor vehicle in the DBland.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written confirmation of deposit in a bankbook or written complaint (including attached documents);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of recommendation [Determination of types] Sentencing Criteria for Fraudulent Offenses, General Fraud, and Less than KRW 100 million (Type 1) (the scope of recommendation punishment] (the scope of recommendation punishment), 6 months to 1 year and 6 months (basic area);

2. Determination of sentence: The defendant in four months of imprisonment with prison labor obtained a large amount of money against the victim, and the execution of the crime is not good, and the damage of the victim is not recovered, and it is inevitable to sentence the defendant to the punishment.

However, the sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence, etc. shall be determined as ordered by considering the following factors: the defendant's confession, the defendant has no record of criminal punishment; and the defendant has no record of criminal punishment.

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