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(영문) 인천지방법원 2013.07.11 2013고단1976
사기
Text

Defendants shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

Defendant

A was introduced by Defendant B from the branch in the early 2011 when he was aware of the method of obtaining a loan from Defendant B, and Defendant B was aware of the fact that it is difficult to obtain a loan due to Defendant A’s past personal rehabilitation power while he was aware of the method of obtaining a loan from Defendant A, and the vehicle was purchased from Defendant A as the purchase fund for vehicle purchase, and then the vehicle was prepared to dispose of the vehicle immediately, and obtained Defendant A’s consent.

On May 12, 2011, the Defendants conspired to purchase a vehicle for the purpose of financing, and the facts were to purchase a vehicle for the purpose of financing, and even if they were to obtain a loan, even if they did not have any intention or ability to repay the loan, the Defendants were to obtain a loan of KRW 29,90,00 in terms of the price necessary for the purchase of k-5 vehicles from Hyundai Capital Co., Ltd. to June 1, 201 and to repay KRW 1,22,740 in each month from June 1, 2011 to May 1, 2014. On the same day, the Defendants were to receive a loan of KRW 29,90,000 from the national bank account under the name of Defendant A to transfer KRW 29,90,00 in the same day.

Summary of Evidence

1. Defendants’ legal statement

1. A complaint;

1. Loan application and registration certificate;

1. Application of Acts and subordinate statutes to the investigation report (the next-class change);

1. The Defendants shall be sentenced to imprisonment with prison labor, considering the fact that the relevant Article of the Criminal Act and the election of a punishment are not fully recovered, such as the reason for sentencing, the amount of fraud, the method of committing the crime, and the fact that the injured party's damage has not been recovered;

Article 51 of the Criminal Act provides that the Defendants are in confession of the crime, four times in the case of Defendant A, and there are no previous criminal records in favor of the Defendants, and Article 51 of the Criminal Act provides that the Defendants shall be punished by the amount of profit acquired from the crime of this case, circumstances after the crime of this case, motive and circumstances leading to the crime of this case, age, character and conduct of the Defendants, and family environment.

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