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(영문) 서울중앙지방법원 2014.12.04 2014고단7844

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant filed an application for an additional loan to purchase the NAS C vehicle with a view to purchasing NAS C vehicle from the off-to-door used vehicle shop located in 1035, 1035, for the purpose of purchasing the NAS C vehicle from the off-to-door used vehicle shop in the light name of the victim.

However, in fact, the defendant did not have any intention or ability to pay installment while operating the above vehicle in a normal manner, even if he thought that he would be provided as security to the lending company and received money immediately after he purchased the vehicle with the above loan because of poor operation of the clothes shop operated at the time.

Nevertheless, the Defendant, as such, was given a loan of 29 million won by deceiving the above person who was under his control.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. An application for a loan, the register of automobiles and the examination table;

1. Application of Acts and subordinate statutes on investigation reporting;

1. In light of the relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act’s reasoning for sentencing (selected to imprisonment) of the method of sentencing, the Defendant purchased a NAS vehicle from the NAS and borrowed money as security to a third party within 30,000,000, the Defendant did not pay the first installment after receiving installment payments from the victim, and the Defendant stated that the clothing business was not operated normally at the time of the instant crime, there is no problem to deem that the Defendant had no intent or ability to pay installment payments normally at the time of receiving installment payments from the victim.

It shall be considered that the defendant's criminal method and the damage has not been repaid. However, the court's auction procedure is in progress with respect to the fourth vehicle purchased by the defendant, and it is possible to pay some damage to the defendant.