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(영문) 수원지방법원 안산지원 2016.08.11 2016고단1267

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 201, the Defendant: (a) purchased Vietnam-style cruise vehicles at D offices located in the Seocho-gu Seoul Special Metropolitan City C Motor Vehicle Sales Complex; (b) borrowed KRW 29,90,000 from the victim Hyundai Capital Co., Ltd. for the loan for motor vehicle purchase; (c) agreed to repay KRW 1,240,494 each month in equal repayment of principal and interest during the period from February 15, 201 to January 15, 2014.

However, in fact, the defendant purchased the vehicle as above and had the intent to sell the vehicle and use it individually, and at the time, he was liable for the loan to the social finance of 13,182,000 won and did not have the ability to pay the installment because there was no particular income.

As such, the Defendant, by deceiving the victim, has gained financial benefits equivalent to KRW 29,90,00 from the damaged person under the pretext of a vehicle purchase loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificate of employment;

1. Certificates of deposit transactions;

1. Application of statutes on personal credit information;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] under Article 62(1) of the General Fraud Act (type 1 (less than KRW 100,000), there is no person who has any special sentencing [the person who has been sentenced to sentencing] [the decision of sentencing] under Article 62(1) of the same Act (the amount of damage caused by the instant crime reaches KRW 2

However, the defendant recognized his mistake and reflects, and the defendant repaid 2.5 million won prior to the prosecution of this case as installment payments, and the defendant paid 4.65 million won to the company specializing in the asset-backed securitization in the E.S. first day after the prosecution of this case, the defendant paid 4.65 million won to the company specializing in asset-backed securitization, and the defendant has no particular criminal history, and all the conditions of sentencing prescribed in Article 51 of the Criminal Act.