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(영문) 울산지방법원 2018.11.21 2018고단2163

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

The Defendant, around July 2013, at the end of Ulsan-dong University near Ulsan-dong University, Ulsan-do, in order to pay the amount to the victim C by acquiring a loan under the name of aper by using the certificate of the person with a disability of aponer and then purchasing a new vehicle according to the period of the Pondo.

“The purpose of “ was to make a false representation.”

The facts charged in the instant case indicate that the Defendant stated that “a motor vehicle is needed for a marriage to enter into a marriage.” However, as seen later, the Defendant and the victim have already completed the marriage report on July 1, 2013. As such, the relevant part of the facts charged was deleted ex officio.

However, in fact, the Defendant did not have any special property and had a debt of about 20 million won, and thus there was no intention or ability to pay the price according to the promise even if the injured party received a loan and intended to purchase an automobile.

Around August 1, 2013, the Defendant received a loan of KRW 17,806,90 from the Hyundai Capital Capital, from the victim, and purchased the same amount of money, and then let the defendant enjoy the automobile (D).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application form for Hyundai Capital, and the original register of automobiles registration;

1. Application of investigation reports (the attachment of resident registration certificates and copies of welfare cards) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 354 and 328 of the Exemption of Punishment Act [The defendant and the victim, according to the entry of a marriage-related certificate against the defendant, shall be exempted from punishment, since they were married on July 1, 2013 and the judgment of divorce became final and conclusive on August 19, 2014, at the time of the crime of this case, since the defendant and the victim are legally married couples at the time of the crime of this case.]