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(영문) 부산지방법원 2014.10.24 2014고단5674
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 3, 2013, the Defendant made a false statement to the effect that “In order to purchase the 2005 NFstnace 1 unit at the D office, a loan affiliated store of the Non-Wek Capital Capital Co., Ltd., the Defendant, at the Busan Sho-gu Office, the Defendant, “I will pay the loan on the face of the vehicle on the face of every month.”

However, the Defendant did not work properly due to frequent absence from office in E who is employed as a daily employee at the time, and set off on September 1, 2013, which is only one week after the loan was implemented, and the benefits that the Defendant received from the company twice throughout the month were inside and outside of 600,000 won per month, and there was no other property or income, and there was no intention or ability to pay the installments of the vehicle that amounted to about 470,000 won per month.

The Defendant, by deceiving the victim as above, received KRW 12.7 million from the victim as installment financing on the same day.

Summary of Evidence

1. The police statement concerning F;

1. Details of complaint, application for installment financing, registration of the automobile, and request for the receipt of installments;

1. Application of Acts and subordinate statutes to investigation reports (subject matters), credit information inquiry table, and attendance book;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. Since the judgment on the Defendant’s assertion and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act are denied, the crime of this case is found guilty in full view of the following: (a) as long as the Defendant was employed, the Defendant’s health room, and the fact that the Defendant was paid a vehicle installment and was immediately withdrawn, the installment was not paid, other than the above case, and the vehicle was used by means of offering the vehicle to other places as security.

In light of the method of crime and the circumstances after the crime, the nature of the crime is not easy.

However, the amount of fraud shall be the size.

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