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(영문) 의정부지방법원 2016.11.16 2016고단2112
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant purchased a franchise (HG) passenger car from the D agency located in the Gu-si C, and prepared and submitted to the victim Hyundai Capital Co., Ltd. an application for new car which is KRW 34.5 million per annum, interest rate of KRW 7.5% per annum, and period of 48 months.

However, in fact, the Defendant did not have any particular profit or property, and was liable for a large amount of money, so even if he borrowed the purchase price from the victimized company, the Defendant did not have any intention or ability to pay it properly.

The Defendant was given a loan of KRW 34.5 million from the victimized Company on the same day.

Accordingly, the defendant was given property by deceiving the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of consultation sheet, application for new installment, register of automobiles and Acts and subordinate statutes;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Act on the Punishment of Crimes [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-100 million won or less) of types 1 (6-100 million won or less) [the sentence] [the decision of sentence] by deceiving a damaged company to obtain a loan of 34.5 million won by deceiving the damaged company, and the fraud is heavy, and the crime is heavy in light of the fact that the defendant takes property profits by immediately selling the vehicle immediately after purchasing the vehicle of this case.

It was impossible to reach an agreement with the victimized company, and most of the damages were not recovered.

In light of this, the sentence of sentence is inevitable.

However, the defendant recognized his mistake and reflected his mistake.

In the first eight times, a total of 6.7 million won was paid.

Until now, there is no record of punishment or sentence for the same crime.

In this context, the sentencing guidelines are ordered in consideration of various sentencing conditions, such as the defendant's age, motive, means, results, and circumstances after the crime.

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