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(영문) 대구지방법원 2020.11.05 2020고단4011
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 21, 2019, the Defendant stated to the effect that “If a vehicle is purchased using installment financing, it shall be repaid in good faith.”

However, the defendant had no intention or ability to pay the installment price even if he purchased a motor vehicle using installment financing, and he purchased the motor vehicle and immediately sold it to the third party.

As such, the Defendant, by deceiving the above employees and the victim C Co., Ltd., had the victim company pay for KRW 27,80,000 on the same day, thereby obtaining property benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. A certified copy of each new and new register of automobiles, including details of calculation of early termination, etc.; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although the nature of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not good, it is against the defendant's primary offender, and the defendant's age, character and conduct, environment, circumstances, means and result of the crime, and other various sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, circumstances, means and result of the crime, etc. shall be determined

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