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(영문) 의정부지방법원 고양지원 2015.08.27 2015고단529
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 August 21, 2013, the Defendant applied for a installment loan from the victim Hyundai Capital Co., Ltd. for the purpose of purchasing the said passenger vehicle, when purchasing the said passenger vehicle from Nabnbnb Co., Ltd., which is located in 135, Seoyang-gu, Seoyang-gu, Incheon Metropolitan City.

However, the Defendant had no particular property or occupation at the time, and was in excess of the obligation by lending money from various lending companies. After purchasing the said vehicle, the Defendant was thought to use the said vehicle as collateral to another lending company, and thus, there was no intention or ability to repay the loan even if the Defendant received the loan from the victimized company under the name of the purchase of the second and the second and second vehicles.

As such, the Defendant, by deceiving the employees of the victimized company, was given KRW 16 million under the pretext of loans by the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of double and double application form, register of automobiles, and deposit details;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the amount obtained by the defendant from the victimized company is not a considerable amount of 16 million won and has not yet been recovered from damage. It is necessary to strictly punish the crime of this case.

However, in consideration of the fact that the Defendant recognized his mistake, the fact that the Defendant appears to have committed the instant crime because of economic aggravation, and the fact that there is no other force of punishment than three times as a fine, the punishment shall be suspended by suspending the execution of imprisonment as above.

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