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(영문) 대전지방법원 2017.04.26 2016고단3793
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 January 27, 2014, the Defendant purchased benz C200 with an automobile installment loan in the name of the victim C in the trading company of the secondhand car in Incheon around January 27, 2014.

In addition, if the credit is good after the second month, the name of the installment loan can be transferred in the name of the bank.

“A false statement” was made.

However, the defendant did not have income due to the absence of occupation at the time, and even if he purchased a heavy vehicle with an installment loan in the name of the victim because of economic difficulties due to the long-term delinquency of mobile phones and Internet fares, he did not have the intention or ability to transfer the name of installment loan in the name of the defendant.

As such, the Defendant, by deceiving the victim, had the victim obtain an automobile installment loan equivalent to KRW 26.6 million in the name of the victim from the Hyundai Capital Co., Ltd., thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The legal statement of the witness C;

1. Application of the provisions of Acts and subordinate statutes to data submitted by complainants, written statements and data on card use, and submitted by complainants;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to have suffered considerable economic loss in the instant case, and the fact that the damage has not been recovered until now and the injured person wants to punish the defendant, etc. is disadvantageous.

A motor vehicle has no criminal record for the defendant, and there is no other criminal history in addition to a fine for one time, and the defendant has a reflect on the part that the defendant has inflicted a loss on the victim.

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