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(영문) 광주지방법원 2014.11.21 2014고단2992

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 26, 2011, the Defendant stated that “A person in charge of loan service who is unable to know the names of the victim Hyundai Capital Capital” in the Hyundai Motor Agency in Seo-gu, Seo-gu, Gwangju, that “A person in charge of vehicle purchase will pay KRW 884,285 per month for a period of 60 months if he/she loans KRW 43 million.”

However, in fact, the Defendant did not have any property at the time, and even if he received an installment loan from the victim, he did not have the intent or ability to repay the loan, and the Defendant was thought to sell the vehicle immediately and consume the loan for personal use.

The Defendant, as such, by deceiving the victim, received KRW 42,429,791 from the victim under the pretext of installment loans in vehicles on the same day.

40 80 80

1. Defendant's legal statement;

1. For filing of a complaint, an application for installment of a motor vehicle, the register of motor vehicles, the statement of installments of modern capital, and the bill of a certificate of personal seal impression;

1. Articles 347(1) and 347(1) of the Criminal Act applicable to criminal facts, and the scope of the sentencing guidelines for both types of punishment (the period of imprisonment 6 months to 1 year and 6 months) and the circumstances favorable to take the following into account: The defendant's age, character, conduct, environment, etc. are the time of committing a crime and his/her mistake is divided, and there is no criminal conviction exceeding the same kind of criminal records or fine, and the defendant's damage is being reimbursed. Circumstances unfavorable to the elderly's mother and his/her children, such as his/her father and his/her her 1st degree of disability, are supported: only once a monthly payment has been made, and most damages have not been recovered and there are no other materials to regard that he/she has made efforts