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(영문) 광주지방법원 목포지원 2013.05.09 2013고단486
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 18, 2011, the Defendant made a false statement to the victim B to the effect that “I will have exported the vehicle to the extent of 100 that I would have to export the vehicle prior to the towing. I would be able to get more than 10% of you would have sold the vehicle overseas. I would be able to purchase the vehicle with money borrowed in the name of Heging, to acquire the vehicle with the money, to pay expenses necessary for registration, and to collect the difference in the name of Heging the vehicle within 10 days from the face of Heging the vehicle, to repay the loan and the purchase price of the vehicle in the name of Heging the vehicle, and to pay the loan and the purchase price of the vehicle within 10,000 won at the expense.”

However, the defendant did not have any experience in exporting the vehicle overseas, and even if he received money from the victim or received it, he did not have any intention or ability to pay the loan or to pay the purchase price on behalf of the victim.

On the same day as above, the Defendant: (a) by deceiving the victim; (b) obtained a loan from the Hyundai Swiss Bank; (c) KRW 3 million from the HK Savings Bank; and (d) received a total of KRW 13 million from the Plaintiff’s bank account in the name of the Defendant; and (c) received a transfer of KRW 17.8 million from the Hyundai Capital Capital in the Seoul Gangdong-gu High School market; (d) on October 20, 201, the victim received a loan of KRW 17.8 million from the Hyundai Capital Capital; (e) KRW 14.3 million from Korean Capital Capital; and (e) KRW 32,100,000 from the Hyundai Capital; and (e) received a transfer of KRW 1,7.8 million from the Hyundai Capital; and (e) KRW 1,4.2.1 million from the New Capital.

Summary of Evidence

Application of the laws and regulations on the motor vehicle register to the defendant's legal statement, prosecutor's statement on B, account transaction statement, loan and installment financing

1. Relevant Article 347 of the Criminal Act concerning criminal facts: Article 347 (1) of the Criminal Act that selects imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act.

3. Article 62-2 of the Criminal Act;

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