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(영문) 서울동부지방법원 2013.06.26 2013고단698
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 11, 2012, the Defendant made a false statement to the victim D that “If the Defendant lends the name and initial cost 3,040,000 won to purchase the vehicle at a discount, he/she shall transfer the name three months after the transfer of the vehicle and pay 26,40,000 won to the 718,000 won per month for 48 months.”

However, even if the defendant purchased the vehicle due to lack of financial ability at the time, he did not have the intention or ability to transfer the name of the defendant or to pay the installment under the name of the defendant.

The Defendant, by deceiving the victim as such, had the victim purchase the vehicle Ecopic in the name of the victim on the same day, exempted the victim from the liability equivalent to 26,40,000 won for the aforementioned vehicle installments, and caused the victim to incur property damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Application of the register of automobiles and the laws and regulations applicable to the application for a heavy escape;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The defendant shall be punished by imprisonment for a reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, inasmuch as it is not good enough to commit the crime, including the fact that the defendant has first committed a crime, and there are favorable circumstances such as reflecting his mistake, but the defendant has not made any special efforts to recover from damage, and that the vehicle purchased by the defendant has been disposed of to another vehicle for a single life.

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

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