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(영문) 의정부지방법원 고양지원 2017.05.12 2017고단559
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C attempted to borrow the vehicle purchase fund from the capital company by pretending the transaction as if the defendant purchases the vehicle although the defendant did not actually purchase the vehicle.

Accordingly, the Defendant and C prepared a sales contract with the content of purchasing D 11.5t truck under the Defendant’s name, and C entered into a loan agreement with the Defendant to pay the above loan amounting to KRW 66,965,00 for 60 months each month from March 20, 2014 to February 20, 2019, on behalf of the Defendant at the 3268 brokerage office of the Sung-gun, Sung-gun, Sung-gun, Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the 3268 lending of the above vehicle at the 326,965,00 loan brokerage office on behalf of the Defendant.

However, the defendant and C did not have the intention to actually purchase the above vehicle, and there was no intention or ability to pay the above loan in installments every month without any property.

In the end, the Defendant and C conspiredd with the victim company as above, and thereby deceiving the victim company on February 19, 2014 by obtaining a loan of KRW 66,965,00 from the victim company as a loan for vehicle purchase.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Application of Acts and subordinate statutes on registration certificates, written orders of automobile assistance, applications for re-loan of motor vehicles and industry, certificates of confirmation of transfer, and details of transactions of passbooks;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determinations of types: Fraudulent crimes, general fraud, and one type (less than KRW 100 million);

B. There is no special sentencing factor:

C. Scope of recommendations: Basic area, six months to one year on June 3.

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