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(영문) 서울남부지방법원 2013.12.10 2013고단2838
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 8, 2012, the Defendant, in collusion with a nominal bondholder, prepared relevant documents, such as a loan application, under a loan condition that he/she would purchase one vehicle of 16,000,000 won for 669,622 won each month for 36 months, and submitted it to D in charge of the Incheon High Office of Incheon High Office of the Victim Hyundai Capital Co., Ltd. and made a false statement for a loan to purchase a vehicle.

However, the Defendant, not the actual purchaser of the vehicle, tried to grant the vehicle purchased by borrowing money from the foregoing bond company, and had no intention or ability to pay the installments.

As above, the Defendant belonged to D as if the Defendant were subject to installment financing, and acquired the money by deceiving KRW 16,00,000 from the victim to the account in the name of C Co., Ltd. on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Complaint;

1. Examination table, application for loan, registration certificate, confirmation of acquisition and loss of health insurance eligibility for health insurance, register of automobiles, details of deposit, and details of request list;

1. Application of Acts and subordinate statutes to investigation reports (the complainant's agent E and telephone);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (including only one time of punishment by a fine, etc.) in the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;

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