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(영문) 대전지방법원 2019.07.19 2019고단1122
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 became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2013, the Defendant: (a) purchased a soft machine in the French-dong, Seo-gu, Daejeon; (b) purchased a soft machine in the name of the Defendant; and (c) purchased a soft machine in the name of the victim B, and immediately returned it; and (d) did not have the intent or ability to pay an installment even if the Defendant was given a loan from the victim company due to the lack of import at that time, the Defendant prepared an application for installment financing, a sales contract, etc. and issued it to C staffD as if the installment was paid properly; and (c) caused D to apply for a loan to the victim company on the 30th of the same month; and (d) obtained a pecuniary benefit equivalent to the said amount by having the victim company pay KRW 53,400,000 for the said so-called so-called so-called so-called “motor vehicle tin.”

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. 할부금융신청서, 채권계약서, 건설기계등록원부, 여신전체스케쥴, 매매계약서, 사업자등록증, 수사보고(대출금 송금영수증) 법령의 적용

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the fact that the defendant participated in the instant fraud under the Act on the Number of Motor Vehicle Stayers, even though he had a history of serving the same kind of punishment, and the amount of damage is significant: Provided, That the defendant does not lead the crime, but acknowledges and reflects his mistake, and most of the funds acquired by the defendant were paid to the victim to recover damage and the victim did not want punishment against the defendant, and all other circumstances, such as the defendant's age, character and behavior, character, environment, motive, means and procedure of the crime, and circumstances after the crime, etc., shall be

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