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(영문) 인천지방법원 2018.09.20 2018고단2132

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2013, the Defendant pretended to purchase and use a heavy vehicle from a lender who became aware of through the advertisement for lending information paper, and purchased a vehicle with a vehicle installment loan from a financial company, and used it to receive a loan by receiving a part of the proceeds from the disposal of the vehicle in other ways.

On July 30, 2013, the Defendant purchased Fworkren vehicles from E, the representative of the said trading company, in the office of the said trading company, at KRW 23,900,000, the Defendant purchased and offered as security a vehicle on the face of KRW 23,900,000 from the purchase fund of the said vehicle, and submitted a modern application for the part of the said company to Hyundai Capital Co., Ltd, stating that “A vehicle shall be repaid at the interest rate of 21.4% per annum per annum for 48 months in equal terms with its principal and interest.”

However, in fact, the defendant, as soon as he received the above vehicle from the beginning, did not think of the cost of living, hospital expenses, etc. by selling the above vehicle through the above lending business operator, but did not have the intention or ability to pay the loan normally after purchasing the above vehicle.

As above, the Defendant, by deceiving the victim as above, received a loan of KRW 23,900,00 from the injured party under the pretext of the purchase price of the said vehicle, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in G production;

1. A copy of a decision not to institute a prosecution;

1. Each investigation report (one copy of the record of the relevant case attached to the borrower's statement, etc., one copy of the results of tracking checks in his/her own front of the Korea Cmat Bank), and one copy of the suspect examination report of H;

1. Application of a copy of the application form for the main body of modern Capital, and the certified copy or abstract of each motor vehicle registration ledger;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment recommended according to the sentencing criteria;