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(영문) 전주지방법원 2018.12.07 2018고단814
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On January 12, 2011, the Defendant entered into a contract for installment purchase of a motor vehicle with the intent to pay 434,000 won monthly principal and interest for 48 months, taking advantage of 16.8 million won in order to hold a passenger car in the victim E (state) in purchasing D motor vehicles from “C agency” located in Dongdaemun-gu Seoul Special Metropolitan City(Seoul Special Metropolitan City).

However, in fact, the Defendant purchased a car through an installment loan, immediately disposed of it, and thought that it would be used as personal debt repayment or living expenses, etc., and there was no certain income or special property at the time, and there was no about KRW 90 million in arrears, and thus there was no intention or ability to repay the loan.

The defendant deceivings the victim as above and acquired the 168 million won from the damaged person as the purchase price for the car.

Summary of Evidence

The Defendant’s written statement F of the Defendant’s legal statement is not required in that the Defendant’s application for a debate, Article 347(1) of the Criminal Act applicable to the Automobile Registration Register Act, and the Defendant’s crime of sentencing for sentence of imprisonment was planned. However, considering the fact that the injured party is a financial company, the sentence shall be determined as per the order.

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