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(영문) 수원지방법원 2013.11.13 2013고단3441
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 201, the Defendant: (a) purchased Grandroth vehicles at the Hyundai Motor Station located in Young-dong 573-3, Yeongdeungpo-gu, Young-gu; (b) borrowed the amount of KRW 17.6 million from the victim(s) and entered into a contract with the Defendant to pay the monthly installments.

However, in fact, the defendant did not have intended to pay the above vehicle in advance, but only lent the name in possession of the vehicle and use the vehicle, so there was no intention or ability to provide the vehicle on behalf of the defendant even if he did not pay the vehicle installments. The defendant did not have any particular income at the time, and even if he received the vehicle installments from the victim, he did not have the intention or ability to pay the monthly installments even if he received the vehicle installments from the victim.

Around April 28, 2011, the Defendant, by deceiving the victim, obtained a loan of 17.6 million won from the victim as the price for the vehicle and acquired the pecuniary benefit equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to a complaint, a copy of a new discount contract, and a copy of the register of automobiles;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no past record of the same kind of punishment and no record of the punishment heavier than the fine, and that there is an agreement with the victim

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

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