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(영문) 창원지방법원 통영지원 2013.09.11 2013고단330
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 20, 2012, the Defendant purchased the 14th B B B B B-do diesel vehicle at the agency of the Gando, Gando, Seoul, the Defendant concluded an installment financing agreement with the principal of KRW 24,400,000, the installment payment period of KRW 36 months, the monthly installment payment of KRW 738,980, which was to be made by applying for a loan to the victim B-do, 36 months, and the monthly installment payment of KRW 738,980.

However, in fact, the Defendant was at the time of being a salesman, and the monthly income was less than a few hundred thousand won, and there was no particular property, and it was difficult for the Defendant to borrow a normal loan from a financial institution due to low credit. Therefore, even if the above installment financing was granted, there was no intent or ability to repay it. At the time, there was a need for operating expenses and living expenses of the Dcafeteria operated with the Defendant’s wife C at the time, and there was no intention to purchase and hold a motor vehicle in fact by selling it through E.

Nevertheless, the defendant deceivings the victimized company as above, and caused the victimized company to pay 24,400,000 won in installments of the motor vehicle to the owner of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of the complaint, register of automobiles, installment financing, and written agreement of debate;

1. Application of statutes to a copy of a vehicle sales contract, a copy of a transfer processing report, and a copy of a statement of deposit and withdrawal in a national bank account;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession of the crime in this case and reflects the depth of the defendant, partial payment to the victim was made, and the victim appears to have recovered part of the amount of damage through civil procedures, etc.);

1. The reason is more than Article 62-2 of the Criminal Act;

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