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(영문) 대전지방법원 논산지원 2015.09.08 2015고단74
사기
Text

A defendant shall be punished by imprisonment for six 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 October 1, 2013, the Defendant was sentenced to imprisonment for three years with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) in the Daejeon District Court Branch of the Daejeon District Court on October 1, 201, and the judgment was finalized on October 9, 2013.

On June 22, 2012, the Defendant purchased the above car at Ediglerial Office, Co., Ltd., Ltd., Ltd., Ltd., Ltd., B-201, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., Co., Ltd., with a loan of KRW 24,00,000 from the victim capital Co., Ltd., and paid KRW 901,730 per month for 36 months.

However, the defendant did not have the intention or ability to pay installments even if he borrowed from the victim company and borrowed the above vehicle.

The Defendant, by deceiving the victim company, received 24,000,000 won from the victim as a loan, and acquired it by deceiving the victim company.

Summary of Evidence

1. The legal statement of witness D and E;

1. Examination protocol of the accused by prosecution;

1. A complaint prepared by one capital stock company;

1. Application for installment financing contract, register of automobiles, credit balance, business registration certificate, and data on the suspension or closure of business as used cars; and

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports prepared by the prosecutor's assistant inspector, pre-disposition records prepared by the prosecutor's assistant inspector, and application of statutes reporting results;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act selection of punishment, and choice of imprisonment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) Type 1 (less than KRW 100 million) and special mitigation area (one month to one year);

(b) In the case of an intentional act of deception which is special mitigation, or where the degree of deception is weak, the amount of penalty is not imposed.

2. The decision of sentence was made with the victim, and the victim does not want the punishment of the defendant.

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