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(영문) 서울남부지방법원 2019.10.16 2019고단1026
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 18, 201, the Defendant was sentenced to four years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) in the Incheon District Court’s Vice-Support on November 18, 201, and completed the execution of the sentence.

【Criminal Facts】

1. On May 2, 2018, the Defendant entered into an installment financing agreement with the victim B Co., Ltd. to obtain a loan of KRW 23 million from the victim B to a 48-month amount, and provided the said vehicle as security.

However, at the time, the Defendant was in a state without a certain income, and the credit rating was class 9, the Defendant did not have the ability or intent to pay the installment every month during the period of promise even if he received a loan from the victim, and there was no intention to operate the purchased vehicle while actually possessing the purchased vehicle.

The main contents of the instant fraud charges are as follows: “The Defendant did not have the intent or ability to repay even if he/she received a loan from the victim,” which is indicated in the instant fraud charges.

The contents of the above deception were maintained, but some facts of the crime were corrected by integrating the contents of the defendant's appeal and evidence.

(A) Of the Defendant’s assertion, the part of the Defendant’s argument was partially accepted, and the part was deleted, and the part was added that “I would not have any intention to operate the vehicle while actually holding the purchased vehicle.” As seen above, insofar as the Defendant’s written appeal was partially corrected, the Defendant’s exercise of the Defendant’s right of defense was deemed to have no substantial disadvantage, and the Defendant’s correction was made

The Defendant, as above, by deceiving the victim as above, received KRW 23 million from the victim as a loan for the second and second purchase.

2. On May 4, 2018, the Defendant purchased a car with AD as set forth in the foregoing paragraph (1) and made the victim B Co., Ltd. the obligee as to the said car.

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