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(영문) 대전지방법원 논산지원 2014.08.26 2014고단286
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 14, 2013, the Defendant: (a) purchased the said used vehicle at the Daejeon High Court of Daejeon, Daejeon High Court, the amount of KRW 12.5 million at the market price; and (b) applied for installment loans of KRW 12.5 million to the said Hyundai Capital Co., Ltd.; and (c) obtained installment loans from the victimized Company, and subsequently purchased the said used vehicle, the Defendant would have paid KRW 506,301 each month for 36 months.

However, in fact, the Defendant did not have any property or income in addition to receiving one million won a monthly wage as well as receiving one million won a monthly wage, while at the time, the Defendant did not have the ability to make an installment payment in the amount of KRW 506,301 per month even if he received an installment loan from the victimized company even if he did not receive an installment payment from the victimized company.

Accordingly, the defendant deceptioned the damaged company, and caused the victimized company to pay the purchase price of the above vehicle in lieu of 12.5 million won on the same day, thereby acquiring pecuniary profits equivalent to the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in a written complaint filed by Hyundai Capital Company;

1. Application of each of the Acts and subordinate statutes stated in the application form for double or double appeal, information inside and outside the examination, statement of claim, details of deposit, copy of passbook, and investigation report (in pages 44 of investigation records); and

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Sentencing Criteria [Determination of Punishment] Group of Fraudulent Offenses, Type 1 (less than KRW 100 million) of General Fraud (the scope of recommending punishment): Imprisonment with prison labor for a period of six months to one year and six months: None of special factors / None of special factors:

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution: Two years of the suspension of the execution (major reasons for the suspension of the execution): the agreement is not reached if the scale of actual damage is considerably small and there is no record of criminal punishment.

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