사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
Since there is no certain income or property, the Defendant purchased an automobile with a vehicle installment loan from a financial institution, and received money by immediately disposing of it.
On January 3, 2013, the Defendant purchased rocketing car on the first floor of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and applied for KRW 32 million to the victim Hyundai Capital Co., Ltd. through its staff in charge, and falsely stated that the Defendant would pay the said loan by paying KRW 750,05 on the 10th day of each month from February 10, 2013 to January 10, 2017.
However, in fact, the Defendant did not have certain income or assets, and the obligation, such as credit card use fee, was due to KRW 50 million. Since the Defendant was planning to dispose of the said vehicle immediately after purchasing the said vehicle from the beginning, there was no intention or ability to repay the loan even if the Defendant received the said loan from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 32 million from the victim to the new bank account in the name of the Defendant on January 8, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of the loan examination table and information inside and outside of the examination team, loan contract and agreement, request for remittance of loans, statement of deposit details, and statement of claim details;
1. Although it is recognized that the Defendant suffered from the 1st type disorder, the fact that the determination of the relevant criminal facts, Article 347(1) of the Criminal Act, the choice of a sentence, and the claim of mental and physical disability for the selection of a person to be sentenced to imprisonment is deemed to have not reached the state where the ability to discern things or make decisions is weak in light of all the circumstances, such as the background and methods of the crime shown in the record, the details of the crime, and
Reasons for sentencing
1. The scope of recommendations according to the sentencing criteria (the scope of recommendations);