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(영문) 대구지방법원 서부지원 2013.07.23 2012고단1029

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 19, 2010, the Defendant purchased the B K7 car at the GK7 car agency located in Seogu-gu, Daegu-gu, Daegu-dong 279-8, and received a loan from the victim Hyundai Capital Co., Ltd. to pay the car price.

The Defendant, at the above date and place, prepared an application for a loan to the effect that “to repay KRW 26,500,000 to KRW 829,803 per month between 36 months per week by loaning KRW 26,50,000, and submitted it to the employee in charge of the victim’

However, the defendant thought that he would promptly dispose of the above vehicle and raise funds, and there was no particular revenue and property at the time, so even if he received a loan from the victim, he did not have any intention or ability to complete the loan.

On the same day, the defendant had the victim pay 26,50,000,000 for the car price of the defendant on the same day, thereby acquiring financial benefits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (to attach a detailed statement of transactions);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;