beta
(영문) 광주지방법원 2013.06.24 2012고단5696

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 18, 2012, the Defendant: (a) purchased a vehicle in the name of another person and owned part of the share of the vehicle when the vehicle is transferred after three months from the purchase of the vehicle in the name of another person; (b) registered the nominal owner of the vehicle jointly with D after the purchase of the vehicle in the name of another person. Since three months after the purchase of the vehicle in the name of another person, the Defendant stated that, “In order to transfer the vehicle under the name of another person in the name of another person, the household will move the vehicle in its own name and the installment to be paid during that period shall be paid by us as a matter of course.”

However, in fact, the defendant wants to purchase BMW vehicle, but because it is impossible to purchase the vehicle by means of installment loan because the credit rating is not good, it was merely borrowed from the victim's name, and there was no plan to move the vehicle in the name of the defendant's living together three months after the date of the purchase of the vehicle or the plan to add the credit rating of the defendant's living together.

Furthermore, the defendant had no intention or ability to pay the installment of the vehicle because of the large debt at the time.

Nevertheless, the Defendant made such a false statement, and caused the victim to obtain a loan of KRW 25 million for the purchase of BMW vehicles in the name of the victim, and paid the above vehicle price, thereby obtaining property profits equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made to C by the police statement;

1. Application of each statute stated in an application for mid-to long-term loan, details of customer payment, claim inquiry, investigation report, hearing of complaints, etc.;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;