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(영문) 서울동부지방법원 2016.04.06 2015고단3886
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant made a false statement to the effect that “The Defendant would pay KRW 504,253 each month during the period from March 5, 2014 to 36 months,” to the staff in charge of Hyundai Capital Co., Ltd., Ltd., in spite of no intent or ability to pay installment payments even after purchasing a vehicle by installment.”

On March 5, 2014, the Defendant entered into a contract for installment financing of automobile purchased in KRW 16,600,000, monthly payment of KRW 36 months, and KRW 504,253, with the victim on March 5, 2014, and paid the purchase price of the said vehicle by subrogation, and did not pay the purchase price of KRW 16,60,000.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to 16,600,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. A complaint;

1. Each report on investigation;

1. Counseling table, written application form, information inside and outside of the examination unit, terms and conditions of new installment loans, and the register of motor vehicle registration;

1. Application of the Acts and subordinate statutes on screen pictures for inquiry about history of counseling, list of claims, details of repayment of loans, and details of arrears;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] General Fraud / [the Decision on the Punishment] / [the Decision on the Punishment] / [the Decision on the Punishment] / One-one year and six months / one-time installment, but the damage has not been recovered at all other than the one-time installment payment. However, the decision is made as ordered in consideration of all the sentencing conditions, including the fact that there was no record of the same type of crime and has been sentenced to imprisonment in 198, the amount of damage, and the amount of crime.

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