(영문) 전주지방법원 2013.03.14 2012고단3603

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(영문) 전주지방법원 2013.03.14 2012고단3603

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 26, 2011, the Defendant entered into an installment agreement with the purport that the Defendant would make a loan of KRW 40 million to D, a sales member of the victim C&C to purchase the said K7 car at a premium rate of KRW 40,200,000,000,000 necessary to purchase the said 7 car at the 15th day of each month on the 24th day of September, 201.

However, the defendant did not have any property under his/her name at the time, and even if he/she received installment loans from the victim because he/she did not have any fixed income, he/she did not have any intention or ability to complete payment.

The Defendant, by deceiving the victim, purchased the said vehicle at KRW 40 million on the same day, and paid approximately KRW 13,964,704 as a repayment for the loan until May 2012, but did not pay the remainder amount of KRW 26,035,296.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances, such as the agreement with the victim, the fact that the Defendant had reached an agreement with the victim without the same criminal record and only one time before and after the same kind of fine), the Defendant alleged to the effect that he/she had an intention or ability to repay his/her obligations according to the installment agreement at the time. However, even if the Defendant received the monthly salary of KRW 1 million from October 1, 201 to October 1, 201, even if he/she had received the monthly salary of KRW 1,699,853 as a caregiver, it appears that the Defendant could have been difficult for him/her to pay the monthly installments of KRW 1,69,853,

In addition, the defendant paid the installment up to eight times, but this shall be paid to the money that disposed of a passenger car.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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