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(영문) 인천지방법원 2013.09.26 2013고단4214
사기
Text

A defendant shall be punished by imprisonment for six 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 April 18, 201, the Defendant purchased YFH vehicles equivalent to KRW 28,00,000 at the Hyundai Motor C branch in Seongdong-gu Seoul Metropolitan Government, and made a false statement that KRW 27,000,000 remaining after paying KRW 1,00,000 in cash, the Defendant would apply for a vehicle purchase installment loan to Hyundai Capital Co., Ltd., Ltd., and pay KRW 845,460,00 for 36 months on the 20th of each month.

However, the Defendant did not have any intention or ability to pay the purchase-price of the vehicle under the above conditions because of the economic situation at the time.

Nevertheless, the Defendant, as seen above, was deprived of the victim and was given a loan of KRW 27,00,000 from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Complaint;

1. Application of Acts and subordinate statutes to loan application and deposit statement;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (all circumstances, such as the fact that the defendant acknowledges the facts charged and reflects the depth thereof, the fact that there is no previous charge exceeding the fine, the economic situation of the defendant, and the amount of damage);

1. Community service order: It shall be decided as ordered for the reason under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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