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(영문) 대구지방법원 서부지원 2016.05.13 2016고단636
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 21, 2014, the Defendant, even if he/she purchased a used vehicle at the middle and high speed office of the commercial office of the automobile trading company, in which it is difficult to know a place less than at the time of the 201.21. In fact, even if he/she purchased a used vehicle at the discount, he/she immediately sold the vehicle and thought to provide gambling funds, and even if he/she did not have the intent or ability to pay the vehicle, he/she shall faithfully pay the amount of KRW 489,108 each month to the employee in charge of the victim Benst Capital Co., Ltd. (Seoul High Co., Ltd., Ltd., on March 27, 2015) and the employee in charge of the VietnamF Co., Ltd., Ltd., who was affiliated with the company, for the 36th month period from November 15, 2014 to November 15, 2017.

A false statement to the purport that “A motor vehicle” is “the victim and the victim have entered into a contract for installment financing and debate with the principal of 13,000,000,000, 20.90% of the loan interest rate for the loan period of 36 months, and the victim has paid 13,00,000,000 of the purchase price for the said motor vehicle on behalf of the victim and has the victim acquire property benefits equivalent to the same amount from the victim by means of failing to pay the installment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. The punishment shall be imposed in light of the fact that there is a motive for criticism as a crime to raise the gambling fund for the reason of sentencing under Article 347(1) of the relevant Article of the Criminal Act regarding the crime, the fact that damage has not been recovered, the circumstances after the crime, etc.; however, the amount of damage, the fact that there is no criminal record other than the same criminal record or fine, and other various sentencing specified in the instant case, including the Defendant’s age, sexual behavior, environment, etc., shall also be determined by taking into account the following factors

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