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(영문) 부산지방법원 동부지원 2013.03.21 2012고단2296 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 19, 201, the Defendant purchased 47,300,000,000 won of the market price through the NA at the NA agency in Busan Metropolitan Government, and applied for a loan of 47,330,000,000 won to the victim Hyundai Capital Co., Ltd. on the part of the Defendant as if the purchaser Party B actually purchased and operated the vehicle and had the ability to pay the purchase price properly.

However, the Defendant and B had no intention or ability to pay the installment by purchasing the above NAS vehicles, and the intent was to sell the above vehicle immediately and prepare cash.

The Defendant, in collusion with B, by deceiving the victim, entered into a loan agreement with the victim under the terms of the loan period of 60 months, monthly payment of KRW 1,076,221, interest rate of loan 13%, interest rate of equal installments, and the terms of equal installment repayment of principal and interest. At that time, the Defendant acquired property benefits equivalent to the above amount by failing to fully repay the installment amount of KRW 47,300,000 after receiving the above NAN vehicle.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Article 347 (1) and Article 30 of the Criminal Act which applies to the application for new installment, the register of automobiles, and the register of automobiles;

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