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(영문) 수원지방법원 성남지원 2016.08.10 2015고단2108
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2012, the Defendant applied for an automobile installment agreement for the purchase of a vehicle B at the end-of-the-end vehicle in Korea, and paid KRW 29,400,000 by equal installments of the monthly payment between 60 months and 589,115 during the loan period.

“A false statement” was made.

However, on November 9, 2010, the Defendant borrowed approximately KRW 29 million as the purchase price for used vehicles from the Hyundai Dok Capital around the same day. However, on the other hand, the Defendant delayed payment and the remaining debt was about KRW 24 million, and the monthly income was about KRW 100-11 million, and there was no other obvious property owned. Therefore, even if the Defendant received a loan from the injured party, the Defendant did not have any intent or ability to pay the installments of KRW 589,502 every month and pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 29,400,000 from the victim to pay the purchase price of the vehicle by proxy to the automobile sales store, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Copy of the agreement on installment of motor vehicles, those for loan approval, and the original register of motor vehicle registration;

1. Application of statutes on the details of credit information inquiries;

1. Sentence of imprisonment for six months, in consideration of the fact that there is no basic area (from June to January, 199) (no person subject to special sentencing) in the basic area (from June to January, 6) (no person subject to special sentencing) (decision of sentencing]] of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommendation], and the reason for sentencing of sentence of imprisonment [the scope of recommendation].

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