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(영문) 서울북부지방법원 2017.11.30 2017고단4164
사기
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on January 20, 2017.

On May 21, 2013, the Defendant purchased an installment financing loan under the name of the so-called “B” and the Defendant purchased an automobile and sold it to a third party.

On May 21, 2013, the Defendant: (a) purchased a vehicle of KRW 3,5 million in the name of the Defendant at the office of the social corporation, which was held in Suwon-si, 295, the Defendant said that he would repay KRW 461,886 each month of the purchase price to the employees D, by borrowing KRW 25 million in the purchase price of the vehicle to the employees D.

D has provided loans of KRW 25 million to the Defendant on the same day as the vehicle price to the automobile company on the same day.

However, as a plan to prepare money after purchasing a motor vehicle, the Defendant did not actually intend to purchase a motor vehicle and hold a motor vehicle, but did not have the intention or ability to repay the loan.

The defendant, in collusion with this B, obtained property benefits equivalent to 25 million won from the social corporation of the victim's Republic of Korea by deceiving D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A copy of the application for new installment/loan;

1. Criminal history: Application of inquiry written reply to Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act, which provides for the legal provisions on criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and determination of punishment under Article 62-2 of the Criminal Act on community service order;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There are three fines in addition to frauds for which judgment has become final and conclusive.

The principle of equity shall be taken into account when the judgment is rendered, such as fraud.

As the damage is not recovered, the victim's side is punished.

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