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(영문) 수원지방법원 안산지원 2018.04.13 2018고단264

사기

Text

A defendant shall be punished by imprisonment for six 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

On December 4, 2014, the Defendant is going to seek a studio by lending the name in the name unsatisfy to purchase the vehicle while she was satisfy in the upper part of the upper part of the common water area located in Ansan-si, Ansan-si.

“The proposal was received and accepted.”

On December 5, 2014, the Defendant, along with his name and influence, agreed to directly pay KRW 687,771 per month in the equal division of principal and interest between 60 months after receiving a loan of KRW 34 million from the victim Hyundai Capital Co., Ltd. in the name and in the name of the Defendant at the Automobile Trading Center in Incheon, with the Defendant’s name and influence.

However, in fact, since the defendant did not think that he would normally operate the above vehicle, there was no intention to pay the above installment, and there was no revenue or property as an old person, and there was no ability to pay the above installment. Unlike the ordinary method of purchasing a vehicle, it was anticipated that the above installment may not be paid because he purchased a vehicle under the name of the defendant who was the old person who did not use the vehicle.

As above, the Defendant, in collusion with a person with no name, led the victim, thereby inducing the victim to settle the amount of KRW 34 million in the name of the purchase price of the vehicle, thereby acquiring the same pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Documents concerning installment loans of vehicles;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act for the selection of a punishment (including the selection of a punishment by imprisonment, the degree and details of deception, the degree and content of a crime, the method of punishment that is not minor, the fact that damage has not been recovered, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the facts charged and the fact that there exists no history of punishment exceeding a fine for the last five years);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;