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(영문) 수원지방법원 안산지원 2016.02.03 2015고단3753
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2014, the Defendant purchased one-name “B,” “C,” and the Defendant’s name, while taking out a loan from a capital-oriented company, which came to know through a search related to the loan on the Internet, and concluded that the loan would have been made by selling the vehicle overseas and dividing the proceeds therefrom instead of paying the loan.

Accordingly, around November 5, 2014, the Defendant made a false employment certificate to the employees of the capital-oriented company located in the south-gu Incheon Metropolitan City future, and received a loan of KRW 20 million from the victim company as a loan for the loan of high-speed funds. On November 7, 2014, the Defendant set up a collateral security right of KRW 10 million with respect to the above vehicle as a security for the above loan obligation, and sold it to another person via the above “B” and “C”.

Accordingly, the defendant, by deceiving the victim and receiving property, concealed the location of the above vehicle of the defendant who became the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An application for debate;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes of notice for loss of deadline;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended sentence: The scope of final sentence due to the increase of multiple offenses in the basic area (from June to June) No. 1 (Interference with Exercise of Rights) in the basic area (from June to June) No. 2 (Interference with Exercise of Rights) (from June to one year): Six months to two years;

2. The fact that the sentence is against the decision of sentence, that there is no previous conviction in the same kind, that there is no recovery from damage, and that the nature of the crime is bad;

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