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(영문) 수원지방법원 2018.05.01 2017고단7678
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 8, 2016, the Defendant is prohibited from purchasing a motor vehicle under the name of the victim C in his/her name due to his/her obligation to purchase and operate a motor vehicle.

On the one hand, the vehicle was purchased in the name of the vehicle for the purchase of the vehicle, and the vehicle was transferred immediately after the purchase of the vehicle, and the payment for the vehicle is also borne by the vehicle.

However, even if the defendant purchased a motor vehicle under the victim's name, he only intended to lend money after selling it to the used motor vehicle market, and the defendant did not have the intention or ability to transfer the name of the motor vehicle or pay installments.

Nevertheless, on August 5, 2016, the Defendant: (a) by deceiving the victim as above; (b) purchased DNA car in the apartment park in the name of the victim; and (c) obtained a loan of installment financing for purchasing the said car under the condition of equal repayment of principal and interest for 60 months from the new capital in the name of the victim; (d) however, the Defendant did not pay installment payments and interest; and (b) obtained pecuniary benefits equivalent to the same amount of money by allowing the victim to pay on behalf of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each motor vehicle registration certificate, motor vehicle sale contract, certificate of loan, inquiry into loan repayment schedule, statement of loan repayment, ledger of registration of motor vehicles, comprehensive details of motor vehicles, contract for the sale of used motor vehicles, details of withdrawal, and transaction details by goods;

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

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Type 1 (less than KRW 100,00) in the basic area (from June to June) of the sentencing criteria; and

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The defendant suffers economic difficulties.

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