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(영문) 대구지방법원 서부지원 2020.01.16 2018고단3614
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 23, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court on April 28, 2018 and completed the execution of the sentence at the Cheongju District Court on April 28, 2018.

【Criminal Facts】

Around May 10, 2018, the Defendant: (a) purchased a vehicle in the name of Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) the fact stated that “The Defendant would faithfully pay KRW 502,122 each month in installments every 60 months from May 10, 2018 to May 17, 202; and (c) even if he/she purchased a vehicle in the name of the Defendant, he/she would immediately dispose of the vehicle and want to lend the vehicle only by taking advantage of the so-called “vehicle tin” that he/she acquired only the price for the vehicle, and did not have the intent or ability to pay the vehicle normally; and (d) the employee in charge of loan of the victim W Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”), who purchased the vehicle in the name of the Defendant; (b) concluded a contract to purchase the vehicle in installments with the victim company and X G40,500,000,000 won, and paid the amount of the vehicle by subrogation to the victim Co.

Accordingly, the defendant deceivings the victim company, thereby acquiring pecuniary benefits equivalent to 27,500,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements;

1. Investigation report (vehicle sales date and price);

1. A sales contract, estimate, motor vehicle registration certificate, agreement of installment financing, motor vehicle register, notification, and copy of passbook;

1. A complaint;

1. Previous records: Criminal records, investigation reports (report on previous records and results of confirmation of dispositions), judgment, and current status of personal confinement shall apply to statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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