beta
(영문) 부산지방법원 2014.02.20 2013고단8333

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 28, 2012, the Defendant entered into a loan agreement with the victim Hyundai Capital Co., Ltd. to purchase one motor vehicle of the NAS at the store of Hyundai Motor Co., Ltd. located in the Busan Seo-gu, Busan, and concluded a loan agreement with the victim for the purchase of the motor vehicle, and the Defendant concluded a false statement that “The purchase of the NAS amount of KRW 47,200,000,000,000,000,000,000 won per month for the 60-month period.”

However, in fact, the defendant borrowed KRW 10 million from D and thought that he would make a loan by transferring the vehicle purchased in the name of the defendant to D, and did not have any intention or ability to repay the installment loan of the vehicle.

The Defendant, by deceiving the victim as such, obtained a loan of KRW 37.7 million from the victim, and purchased a NAS vehicle equivalent to KRW 47.2 million at the market price, and acquired pecuniary benefits equivalent to the above loan amount.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. A complaint;

1. Application of loan application, loan terms and conditions, and register of automobiles statutes;

1. It is so decided as per Disposition on the grounds of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the choice of a sentence, and imprisonment with prison labor or more (including the circumstances leading to the instant crime, the amount of damage, and the unre