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(영문) 서울중앙지방법원 2018.05.10 2017고단4993
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant applied for KRW 27 million to the victim company for an installment loan of KRW 27 million on the following grounds: (a) the Defendant did not faithfully pay the installment loan to B, an employee of Hyundai Capital Capital Co., Ltd. who is an employee of the victim, for the purchase of a rocketing car, in an office near the Yongsan-gu Seoul Metropolitan Government, Seoyang-gu, Seoul Metropolitan City.

However, even if the Defendant purchased a vehicle through an automobile installment loan, the Defendant only thought that it would be used as living expenses, etc. by selling it immediately, and receive an automobile installment loan.

There is no intention or ability to pay monthly payments normally.

The Defendant, by deceiving the victim by such a method, had the victim pay KRW 27 million for the purchase price of the vehicle, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to the complaint;

1. It is so decided as per Disposition on the grounds that Article 347 (1) of the Criminal Act (the choice of imprisonment) applies to the facts constituting an offense is more than that provided in the pertinent Article of the Criminal Act;

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