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(영문) 대전지방법원 천안지원 2018.06.01 2018고단1000
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around April 11, 2016, the Defendant entered into a contract for installment loan of KRW 40 million with the Plaintiff’s Hyundai Capital, who borrowed the name of the Defendant-friendly E and purchased the Fchip HG vehicle in the Hyundai Automobile D agency located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and to obtain a total of KRW 40 million from the Defendant’s Hyundai Capital, and to pay the monthly installments of KRW 809,142 for 60 months.

However, in fact, the defendant thought that he would be able to borrow cash by concluding a loan contract with the victim company after acquiring the vehicle and disposing of the vehicle. Since there was no driver's license, he did not have the intention to own and operate the vehicle, and there was no intention or ability to pay installment normally from the beginning because there was no certain import in

Nevertheless, the Defendant, by deceiving the victim as such, had the victim pay the purchase price of the vehicle equivalent to KRW 40 million on the same day to the Hyundai Motor Vehicle side, and acquired the same amount of property benefits by receiving the Hayman HG vehicle from around April 12, 2016.

2. On April 12, 2016, the Defendant: (a) driven a Foldo HG car without obtaining a driver’s license from the agent front of the Hyundai Motor Vehicle D in Seocheon-si, Seocheon-si; (b) around approximately KRW 278.4km from the front of the Hyundai Motor Vehicle D’s agency located in Seocheon-si, Chungcheongnam-si; and (c) from the front of the Japanese Hospital located in Seocheon-si, Seocheon-si; and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Some statements made to G in the police statement protocol;

1. Complaint;

1. Original Register of Automobile Registration, and details of driver's licenses;

1. Application of the investigation report (the H of the Seosan D agency's H), investigation report (the H of the Seosan D agency's H 2), investigation report (the number of the Seosan D agency's H 2), Acts and subordinate statutes as regards vehicle trade (the sale of vehicles);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act (the point of fraud), Article 152 subparagraph 1 of the Road Traffic Act.

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