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(영문) 수원지방법원 안산지원 2013.11.22 2013고단1372
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 April 27, 2012, the Defendant purchased one motor vehicle vehicle for Hyundai Motor South Korea in Yongsan-gu, Yongsan-gu, Seoul, 224, and paid KRW 42,700,000 with a loan from the victim Hyundai Capital Co., Ltd., and the Defendant agreed to pay KRW 1,337,079 each month for 36 months, and submitted to the victim a written application for the loan to pay KRW 1,37,079.

However, even if the defendant purchased the above car, he thought that he would immediately sell it without the intention of operation, and did not have any intention or ability to repay the loan.

Accordingly, the Defendant, by deceiving the victim as above, had the victim pay 42,700,000 won as the car price on the same day to Hyundai Motor Corporation, acquired the same amount of property profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Each police interrogation protocol of F, G, and H (including each substitute part);

1. Application of Acts and subordinate statutes to the police statement of I;

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

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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