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(영문) 수원지방법원 2015.04.22 2014고단3355
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant made a statement to the effect that “The Defendant would make all principal and interest repaid over a 24-month period on the loan of the purchase price of the vehicle at the E-cafeteria located in Suwon-si, Suwon-si, and that “The E-cafeteria located in Suwon-si, Suwon-si, would be an employee at the E-cafeteria located in Suwon-si, Suwon-si, which is an injured company.”

However, in fact, the Defendant did not have any other occupation, such as not attending the above E-cafeteria, and was thought to be able to lend cash for using the said vehicle due to lack of living expenses, and actually disposed of the said vehicle by borrowing money from a third party immediately after the said vehicle was delivered. However, even if the Defendant was granted a loan from the victimized company, there was no intention or ability to pay the money.

The Defendant, by deceiving the damaged company, received a loan of KRW 13,80,000 from the victimized company as the purchase price of the vehicle, and did not pay the price as the vehicle, thereby acquiring property gains equivalent to the same amount because the Defendant did not pay it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of the complaint, application form of erroneous part, and register of automobiles Acts and subordinate statutes;

1. It is so decided as per Disposition in consideration of the fact that the crime of this case was committed even though the person was sentenced twice to a fine due to the same kind of crime for sentencing in Article 347(1) of the Criminal Act as to the crime of this case, and the victim's damage has not yet been recovered.

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