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(영문) 대구지방법원 의성지원 2016.03.31 2016고단13
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 3, 2009, the Defendant was sentenced to three years in Busan District Court for a crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in Ansan Prison on August 27, 2012.

On August 13, 2013, the Defendant purchased the D and rocketing Poston 1 in the Gwangju Mine-gu C building. The Defendant prepared an application for a loan of KRW 25,400,000 from the victim company through the above E to obtain a loan from the victim Hyundai Capital Co., Ltd. with the loan Brer E to purchase the vehicle in the name of the Defendant, even if the Defendant purchased the vehicle under the Defendant’s name with the loan from the victim Hyundai Capital Co., Ltd., the Defendant did not actually operate or own it, and even if the purchase fund was borrowed from the victim company, the Defendant did not have the intent or ability to repay the loan, and then issued the application to the employees belonging to the above agency, and thereafter, made a false statement as if the Defendant directly acquired the said Posto car.

On August 13, 2013, the Defendant acquired loans from the victim company and acquired them by money from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the public prosecutor on the defendant;

1. An application form for a mid- and high-ranking installment, examination table, resident registration application form, resident registration certificate, certified copy of resident registration, certificate of seal imprint, family registration certificate, copy of the head of a Tong, and a certificate of vehicle acquisition;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] General Frauds No. 1 (less than KRW 100 million) basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentencing] 4 months unfavorable to the defendant - the defendant committed the instant crime during the period of repeated crimes.

- The Defendant did not object to denying the instant crime.

-damage.

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