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(영문) 광주지방법원 2014.05.23 2014고단580
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and the judgment became final and conclusive on February 6, 2014.

The defendant, in collusion with C, purchased a motor vehicle on a set without the intention or ability to pay the installment of the motor vehicle, and raised money by selling it to others.

On August 21, 2012, the Defendant received an application form for automobile installment from a person whose name cannot be known in Gangseo-gu Seoul Metropolitan Government, the Defendant again received the application form for automobile installment from C, and C received the application form from the victim Hyundai Capital Co., Ltd., with the name of his/her workplace D, workplace E, total amount of loans (45,30,000), KRW 1,000,000 for vehicle value (50,90,000), KRW 5,300 for the vehicle value), KRW 5,000 for the principal and interest repayment, KRW 7.95% for the interest rate, and KRW 36 months for the period. The Defendant again submitted the said application form to the victim Hyundai Capital Co., Ltd. through a person whose name cannot be known, and received KRW 45,30,00 from the victim immediately.

However, the defendant and C did not have any intention or ability to pay the installment, even if they were to purchase a vehicle by installment because there was no particular property or import.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Voluntary statement of the F;

1. A complaint book, loan examination slip, application form for part-time vehicle thrown away from Hyundai Capital, trading order form, and register of automobiles;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment of related cases, etc.);

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes are the fact that the defendant led the crime, and the amount obtained by fraud is not much.

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