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(영문) 광주지방법원 2014.01.24 2013고단5012

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 27, 2011, the Defendant stated that “If the Defendant borrowed KRW 14,50,000,000 as necessary to purchase a new vehicle, the Defendant would pay KRW 353,648 each month from June 25, 2011 to April 48, 201.”

However, in fact, the defendant received a loan under the name of a new car purchase, and received the loan for the purpose of lending money by selling it immediately, and even if he received a loan from the victim, he did not have the intention or ability to pay the installment.

The Defendant, by deceiving the victim as above, entered into a loan agreement with the victim for automobile purchase, obtained a loan of KRW 14,500,000 from the victim, and purchased the Pool car, and did not pay KRW 14,244,256 out of the above loan, thereby acquiring property profits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Summary of statement;

1. Application for Hyundai Capital Capital Products:

1. The register of automobiles (A);

1. Application of Acts and subordinate statutes on the details of request and deposit;

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

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is deemed to be a crime of this case where the defendant acquired a new vehicle by acquiring it, and the nature of the crime is not good. However, the defendant is against the defendant's wrong recognition, the defendant has agreed to do so with the victim, and all the other factors of sentencing are considered such as the defendant's age, character, conduct and environment.