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(영문) 인천지방법원 2013.11.20 2013고단6140
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around August 16, 2012, the Defendant entered into an agreement with a side loan agreement with the purport that, while purchasing a k9 car at an Abandoned Car Additional Agency located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to purchase it in fact at an employee whose name is unknown, and that, if purchasing it through an installment loan, it would have faithfully paid the price as if it would be paid in good faith, the Defendant would pay 1,645,181 won every 10 months from August 16, 2012 to August 16, 2017, and that, during 60 months from August 16, 2012, the Defendant shall not take any discretionary measure, such as transfer, lease, establishment of a pledge, etc. of the vehicle purchased to another person without the company’s consent until the full amount of the loan is paid.

However, in fact, even if an automobile is purchased through an automobile installment loan, it is thought that it is intended to sell it immediately, and even if it is obtained an installment loan, there was no intention or ability to repay the price.

The Defendant, by deceiving the victim as such, received a delivery of KRW 80 million from the vehicle purchase fund around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Although there are favorable circumstances, such as the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s provision on the punishment of punishment, that the defendant recognized his mistake and reflects it, and that there was no record of punishment since 1991, the amount of damage in this case is heavy, and that most of the damage suffered by the victim remains until now, and all of the sentencing conditions, including the defendant’s age, character and conduct, and family environment, shall be sentenced as per the disposition.

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