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(영문) 대전지방법원 서산지원 2013.06.28 2013고단54
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 8, 2011, the Defendant: (a) conspired with the Hyundai Motor Vehicle D, and entered into a new installment agreement with Korea Social Co., Ltd. and D 201, which is the victim company; and (b) purchased the vehicle for D 2011 in collusion with the Defendant on March 8, 2011; (c) did not have the intent or ability to repay even if the Defendant entered into a new installment agreement with the victim company and received the loan from the victim company; and (d) was willing to use the vehicle for financing immediately after purchasing the vehicle; and (c) was the said victim company E’s employees E to use the said vehicle for financing KRW 876,72,000,000,000,000 to “on the 20th day of each month, the said E would be repaid for 36 months on the 20th day of each month.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement on complaint, supplement of complaint and statement of F;

1. Application of the register of automobiles, an installment financing agreement, the repayment line and the details of deposits, and the provisions of the laws and regulations on deposit and loan transactions;

1. It is not good that the Defendant committed the instant fraud in collusion with accomplices for the purpose of financing funds, and thus, planned the instant crime of borrowing the vehicle cost by deceiving the purchase of vehicles and using them normally.

It is only 27 million won in total of the principal and interest of 28 million won in the case of fraud, and there is no damage recovery measure in the future.

However, the fact that the victim led to the crime of this case and repents, and that the profit gained by the defendant after the sale of the vehicle is less than the amount obtained by deceit at the level of five million won, etc., the punishment shall be determined as ordered by the order in consideration of the health status, environment, sentencing guidelines, etc. of the defendant.

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