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(영문) 서울중앙지방법원 2014.09.17 2013고단7607
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant made a false statement that he would pay KRW 794,272 per month at the rate of 6.8% per annum for 36 months to an employee who could not know the name of the victim's Hyundai Capital Co., Ltd. when purchasing one vehicle for CK5 vehicle at the Manyang-dong 1365-5, Namyang-dong, 1365-5.

However, the defendant did not have any particular income or property due to the absence of a certain occupation, and even if he purchased a vehicle from the beginning and immediately borrowed a vehicle with a relationship that was planned to use the vehicle as collateral, he did not have any intention or ability to repay the loan.

Nevertheless, the Defendant, as seen above, by deceiving the staff in charge of the victim, received 25,80,000 won from the victim as a loan for the purchase of motor vehicles from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a complaint filed in D (including an application form for the vehicle register attached thereto, details of deposit, statement of claim, and register of automobiles);

1. The provision applicable to criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] that there is no basic area (6 to 1 year and 6 months) [the decision of sentence] [the decision of sentence] of the basic area (6 to 100 million won] [the decision of sentence] of the crime; the defendant escaped; the defendant has escaped; the defendant is led to confession; the defendant's age, character and behavior, intelligence and environment; the motive, means and consequence of the crime; and other various circumstances, such as the defendant's age, character and behavior, intelligence and environment; the motive and consequence of the crime; the circumstances after the crime

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