(영문) 인천지방법원 2016.01.27 2015고단7668

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(영문) 인천지방법원 2016.01.27 2015고단7668

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2015, the Defendant stated that “The Defendant would pay the monthly installments of KRW 897,780 in operating the vehicle for 36 months if he/she would be able to purchase the vehicle by using the installment finance” at a modern car C agency located in the building in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City.

However, at the time, the defendant was liable for approximately KRW 350,000,000, and there was no certain property or income, and there was no intention or ability to pay the installment as agreed because it was thought that the purchase of a vehicle would be immediately disposed and commercialized.

Nevertheless, the Defendant: (a) by deceiving the victim as above, entered into a contract for an automobile installment loan to be purchased in the amount of KRW 30 million with the principal of the Plaintiff’s Hyundai Capital and the first set of No. NAS car; and (b) 36 months with the installment period; (c) concluded a contract for an automobile installment loan to be purchased in the amount of KRW 30 million with the Plaintiff’s Hyundai Capital and the first set of No. NAS car; and (d) did not pay the purchase price of the car by subrogation

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes, such as a new application document;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria: Areas of mitigation of general frauds below KRW 100 million (one to one year, and no penalty shall be imposed);

2. It shall be sentenced to imprisonment in consideration of the amount of fraud;

On the other hand, the defendant recognized the crime, reflected, and restored the damage.

Therefore, the injured party seeks the defendant's wife.

The defendant has no same power before 2002.

In consideration of this, punishment shall be determined and the execution thereof shall be suspended.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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