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(영문) 대전지방법원 홍성지원 2014.07.25 2014고단200
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2, 2013, the Defendant purchased one car from the Social Services Korea (States) located in 150,000, an amount of KRW 38,000,000 from the Social Services Korea (Co., Ltd.) located in Daejeon Seosung-gu, Daejeon, and concluded an installment contract to pay the victim the amount of KRW 1,541,182 each month after receiving a loan from the victim Korea Social Co., Ltd. to pay the amount equivalent to the above vehicle purchase price.

However, the Defendant had a total of KRW 33,50,00 as a loan, and even if the Defendant received a loan from the victim as a purchase cost for a passenger car because the expenditure due to the principal and interest of living expenses and loans exceeds the revenue, there was no intention or ability to repay the loan.

Nevertheless, the defendant had the victim pay 38 million won on the same day to the social service Korea (State) that he raised on the day as the purchase price for the passenger car of the defendant, and acquired it by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A copy of an application for disapproval on a medium-sized vehicle and a copy of documents related to such vehicle;

1. Application of the details of ordinary deposits trading and the Acts and subordinate statutes of the Credit Information Inquiry Table;

1. In light of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act regarding the sentencing of imprisonment with prison labor, the sentence on the Defendant’s sentence is inevitable, in view of the fact that the Defendant did not make efforts to repay damage, and that there was no agreement with the victim, and that there was only one previous case with the Defendant.

However, the circumstances favorable to the defendant, such as the fact that the defendant makes a confession of the crime of this case late and the fact that the defendant has no record of being sentenced to a suspended sentence, shall also be considered, and the scope of the sentencing guidelines [the range of the recommended sentence for the sentencing guidelines shall be considered.]

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