beta
(영문) 서울중앙지방법원 2014.07.25 2013고단4991

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2012, the Defendant: (a) at the point of Suwon-si C, lent KRW 23 million from Hyundai Capital Co., Ltd. to purchase cars at the point of Suwon-si D; and (b) drafted an application form for Hyundai Capital to pay KRW 560,958 each month for 48 months; and (c) submitted it to an employee in the place.

However, even if the Defendant purchased a vehicle with a loan from the victim, he did not have the intent or ability to repay the loan, as above, only he was able to receive the purchase price and consume the vehicle as living expenses, etc.

As above, the Defendant received KRW 23 million from the victim as a loan for purchasing cars on the same day.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A complaint;

1. Application of the Acts and subordinate statutes on loan application agreements, certificates of personal seal impression;

1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act for the crime of this case do not specify the amount of damage caused by the crime of this case, which has not been recovered from damage, the fact that the nature of the crime is not good in the method of crime, and other factors such as the defendant’s age, character and conduct, home environment, motive and circumstance of the crime, means and consequence of the crime, the method and consequence of the crime, etc., shall be comprehensively taken into account and determined