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(영문) 부산지방법원 서부지원 2020.01.30 2019고단1887

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 9, 2017, the Defendant purchased a CF (D) car amounting to KRW 34,49,000 at the market price in Busan Shipping Daegu, and concluded a contract for installment financing of automobiles on the condition that: (a) the Defendant entices employees in charge of loans from the victim (E) by purchasing a car using the loan to the employees in charge of loan and paying the loan normally; (b) the amount of the vehicle on the same day as the employee would be the amount of the loan; and (c) the amount of the vehicle would be 5.9% per annum for interest; (d) the installment month would be 60 months for the vehicle; and (e) the collateral security amounting to KRW 17,200,00 for the vehicle.

However, even if the defendant purchased a vehicle with a loan from the damaged company as a fund for purchasing the vehicle, he only planned to sell the vehicle and make a cash, and he did not have any intention or ability to actually use the vehicle and repay the principal and interest of the vehicle.

The Defendant deceptioned the damaged company as above, and caused the victimized company to transfer KRW 34,499,00 to B as the name of the installment financing loan for the said vehicle to the seller of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Application of Acts and subordinate statutes to a copy of an application for installment financing, copy of the agreement of installment financing, and deposit in comparison with redemption;

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

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (the first offender is the defendant, and the mistake is reflected in the confession of the crime in this case, and the amount of damage is repaid and only agreed with

1. Social service order under Article 62-2 of the Criminal Act;