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(영문) 서울동부지방법원 2013.12.24 2013고단2890
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant retired from his workplace at the time of October 2012, and purchased a vehicle with a loan for vehicle purchase, and again, took the vehicle as collateral to raise the cost of living by receiving the loan.

On October 26, 2012, the Defendant made a false statement to the employee of Hyundai Capital Co., Ltd. at the Hannam-dong branch of Yongsan-gu Seoul Metropolitan Government, stating, “BK 3 vehicle price of KRW 21.7 million shall be repaid from November 20, 2012 to October 20, 2016, in the amount of KRW 529,252 per month from November 20, 2012 to October 20, 2016.”

However, the defendant has already been liable for the debt amounting to eight million won, and even if he has been granted a loan, he has no intention or ability to repay the loan, such as the retirement of the company without permission.

The Defendant received 21,700,000 won as a loan from the victim, i.e., the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of complaint and statement;

1. Application of investigation report, application for part of automobile, and register of automobiles Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the selection of punishment do not have a substantial amount of damage to a large number of the grounds for sentencing, and there are no efforts to recover damage therefrom, and other circumstances, such as the defendant’s age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, etc., shall be determined as above, taking into consideration the following circumstances:

It is so decided as per Disposition for the above reasons.

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