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(영문) 수원지방법원 2014.01.08 2013고단3417

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 September 6, 2012, the Defendant, along with C, filed a written application for a loan of automobile purchase fund with the content that he/she would purchase DK9 car at the Aeronautical Racing Agency, which is located in 158-113, Gwangju-dong, 158-113, and receive a loan of 57.5 million won from the victim Hyundai Capital Co., Ltd. for 48 months, to repay the loan by equal repayment of the principal and interest each month for 1,371,580 won.

However, in fact, the defendant and C thought that they would immediately dispose of the above car and make a loan to others even if they received a loan from the victim, and there was no intention or ability to repay the above loan, as well as there was no intention or ability to actually operate the above car.

As a result, the Defendant conspired with C and received 57 million won from the victim around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An application for automobile installment;

1. The register of D motor vehicles;

1. Application of Acts and subordinate statutes on the claim list;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, portrait, and the defendant, who is used by C, appears to have committed the instant crime, and the fact that they agreed with the victim, etc.);