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(영문) 수원지방법원 안양지원 2016.05.19 2015고단1029
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 2014, the Defendant: (a) purchased a vehicle in the name of the Defendant from a person in the name of the Defendant to pay money to another person; and (b) proposed that he/she receive money from another person; and (c) provided that he/she would receive money from another person.

On July 16, 2014, the Defendant provided documents necessary for an automobile installment contract to a person without a name, and the person without a name was the husband of the Defendant when purchasing a low-priced vehicle (D) under the name of the Defendant at an agent of Hyundai Motor Vehicle C Co., Ltd., Ltd., Inc., Ltd., which is located in Hosi-si B, the Defendant agreed to receive a loan of KRW 33.7 million from the name of the victim Hyundai Capital Co., Ltd., and pay KRW 747,937 per month for 60 months. The Defendant was called from the employee of Hyundai Capital Co., Ltd., Ltd., the victim Hyundai Capital Co., Ltd., and the above person without a name

However, in fact, the Defendant purchased the said vehicle and did not intend to operate the said vehicle. The Defendant did not have the ability to pay installments even if he received the said vehicle in excess of the obligation, such as that the interest to be paid monthly for about KRW 10 million and approximately KRW 800,000,000 for installments of other vehicles should be paid every month.

The defendant, in collusion with his name and influenite, deceiving the victim, and caused the victim to pay 33.7 million won as the purchase price for vehicles to Hyundai Motor Company, and the defendant exempted the payment of the purchase price, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A E-document;

1. Text of decision;

1. An application for motor vehicle membership;

1. A list of claims;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The sentencing criteria shall be based on;

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