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(영문) 서울중앙지방법원 2014.06.30 2014고정2090
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 11, 2014, the Defendant was sentenced to imprisonment for eight months at the Seoul Central District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the judgment became final and conclusive on February 19, 2014.

On July 11, 2012, the Defendant: (a) within the store of Pyeongtaek-si, Pyeongtaek-dong, 877-4 Hyundai Capital, and (b) even if having received a loan from a vehicle, the Defendant agreed to pay KRW 735,115 per month for 36 months from the victim Hyundai Capital Co., Ltd. without any intent or ability to pay the said amount; (c) purchased B SPR with a loan of KRW 24,200,000; and (d) financed money by means of lending the said vehicle to a third party.

The Defendant, as seen above, did not notify the Hyundai Capital that the practical purpose of purchasing a vehicle with a vehicle premium loan from the above Hyundai Capital, which is a financial installment company, was to dispose of the vehicle and receive the loan, and instead, did not notify the Hyundai Capital, the Defendant, as if the Defendant actually purchased a vehicle, had Hyundai Capital Capital Co., Ltd., deliver the amount equivalent to the above installment loan to the Hyundai Capital Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application for loans, register of automobiles, and advice for loss of benefit of time limit;

1. A complaint;

1. Previous convictions indicated in judgment: Investigation report (verification of facts before and after concurrent crimes committed by the accused), summary agreement of the case, assistance of the case agreement, application of Acts and subordinate statutes (Seoul Central District Court Decision 2013NoMa4123);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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