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(영문) 광주지방법원 2013.05.30 2013고단429
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant did not have any particular reason in addition to stock investment. The Defendant purchased a vehicle using a vehicle installment loan, and then thoughted to make a stock investment by selling it immediately, and thus, there was no ability to repay the loan even if he received a vehicle installment loan from the Defendant Hyundai Capital Co., Ltd.

1. On October 12, 201, the Defendant: (a) at the agency in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant: (b) made loans equivalent to KRW 27,900,000 to Hyundai Motor Business E who is entrusted by the victim Hyundai Capital Co., Ltd. to prepare an application for new installment loan; and (c) paid KRW 661,648 per month for 48 months in order to enable the purchase of the franchiseHG car; and (d) made the victim pay KRW 27,90,000 for the vehicle price, i.e., the victim’s seat, thereby obtaining pecuniary benefits equivalent to the said amount.

2. On February 13, 2012, the Defendant made a false statement to the Seo-gu, Seo-gu, Gwangju, that “The Defendant would pay KRW 382,915,00 per month every 48 months to the Hyundai Automobile Business Operator G, who is entrusted by the Victim Hyundai Capital Co., Ltd. to prepare an application for new discount loan, with a loan of an amount equivalent to KRW 15,70,000, and is able to purchase the Poter car.” The Defendant had the victim pay KRW 15,70,000 for the vehicle price, namely, the victim paid KRW 15,70,000 for the vehicle price.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness G and E;

1. Statement of the police statement related H;

1. A complaint;

1. An application form for a part of modern capital goods and a new discount, and an application form for a part of a modern capital car;

1. Each motor vehicle register;

1. Statement of each claim for loans;

1. A beneficiary certificate;

1. Application of the Acts and subordinate statutes concerning the details of trading on consignment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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