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(영문) 인천지방법원 2013.10.31 2013고단2877
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

On October 201, the Defendant entered into a new installment agreement to pay 41,60,000 won in equal installments each month for Hyundai Capital Co., Ltd. and for 60 months (from October 13, 2011 to October 13, 2016) as if he would normally operate the said vehicle and would pay the installments, at a 541-3 Mansan-dong Mansan-dong 541-3 Mansan-dong Mansan-dong 541-3 Mansan-dong Mansan-dong 41,60,000 won.

However, in fact, the Defendant did not have any particular import while closing the beauty room operated at the time, and was liable for loans of KRW 20 million on the national card, Samsung Card, etc., and was planned to move to New Zealand for business start-up, etc. on the condition that there was no property in the name of the Defendant, and accordingly, there was no intention or ability to pay installments properly while operating the vehicle normally even if purchasing the vehicle.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary profits equivalent to the principal and interest of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to loan examination marks, vehicle installment contracts, and vehicle register;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no previous record other than the previous record of the fine, the amount of damage, the amount of which is 15 million won out of the amount of damage, and the remainder is being repaid in installments, and the amount of

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