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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단686
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 July 24, 2014, the Defendant made a false statement to the “C agency” located in Pakistan-si B that “on the face of the week, the Defendant borrowed KRW 41,800,000 from the purchase price of the E Maer Posse Posse Posse Posse Posse Posse Posse Posse Posse 1,294,00 per month for 36 months.”

However, in fact, the credit rating is deducted by purchasing and disposing of the above vehicle to the customer because the credit rating equivalent to KRW 90 million remains in the customer of the above company. The personal debt amount at the time has been equal to KRW 250 million, and there was no other specific property, so there was no intention or ability to pay the installment amount normally even if the defendant received the loan from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 41,800,000 won as a loan for purchasing vehicles on the same day from the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning debtor information, motor vehicle register, application, and credit information history;

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 (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [the range of recommending punishment] and the range of recommending punishment [the range of recommending punishment] according to the sentencing guidelines for fraud [the category 1] and the mitigated factors of less than 100 million won (the special sentencing person]: Imprisonment with labor for one month to one year;

3. Determination of sentence: The amount obtained by defraudation of six months of imprisonment and two years of suspended sentence shall be the maximum amount equivalent to 40 million won;

In 1993, the defendant has been under the suspension of the execution of imprisonment for criminal fraud.

However, it is against the defendant's recognition of the crime of this case.

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