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(영문) 광주지방법원 2017.04.27 2016고단4944
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2015, the Defendant: (a) purchased a vehicle of 22,200,000 won from the victim’s Mez Capital Co., Ltd. on the first floor of the Maz Capital Co., Ltd.; (b) applied for a loan of 22,200,000 won to the Mez Capital Capital Co., Ltd.; and (c) paid 530,577 won each month for 48 months.

A false statement was made.

However, the Defendant did not have the intent or ability to repay the loan even if the Defendant received the loan from the injured party due to economic difficulties, purchased the said car with the loan from the injured party, and planned to lend the money by selling it to another person.

As such, the Defendant, by deceiving the victim and allowing the victim to pay KRW 22,200,00 to the automobile agency as the purchase price for passenger cars on the same day, acquired the same amount of property benefits.

2. On February 10, 2015, the Defendant: (a) on February 10, 2015, at the Defendant’s house of the Seo-gu Seoul Seo-gu, the Defendant: (b) called the Defendant’s Home shopping staff a telephone, thereby leaving the phone; (c) “Idiland pande pande, and Ma.”

The rent was paid by means of automatic transfer in the amount of KRW 119,500 per month between 30 months and 119,500.

However, even if the Defendant was established by the injured party, the Defendant was planned to lend money by selling it to another person, and thus, the Defendant did not have any intention or ability to pay the money even if he was abandoned from the injured party.

On February 17, 2015, the Defendant, by deceiving the victim, obtained a person who was aware of the market price of KRW 4,660,50,00 from the victim, from the family, which is the seat of the Defendant, Seo-gu, Gwangju, Seo-gu apartment 104, 1006, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared in the I;

1. An application for a motor vehicle financial product, a motor vehicle registration ledger, a siren agreement;

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