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(영문) 서울서부지방법원 2018.11.14 2018고단3196
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant told the victim B to “it is impossible to purchase a vehicle under the name of the city, and the vehicle loan to be paid every month on behalf of B through a security loan will be paid within the country.”

However, even if the defendant was provided with a vehicle from the injured party, he/she was willing to dispose of the vehicle immediately and use the vehicle for personal purposes, such as living expenses. Since there was no certain income or property under the name of the accused at the time, there was no intention or ability to pay

On June 18, 2015, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 8,300,000 through Hyundai Capital Co., Ltd.; and (c) purchased the said vehicle on condition of paying the loan for 36 months; and (d) did not receive the said vehicle from the injured party on the same day; (b) obtained the victim’s liability for the said loan; and (c) obtained the pecuniary profit equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on vehicle loan contracts;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is relatively small in the amount of damage caused by the reason for sentencing of the Criminal Procedure Act, the fact that the victim agreed with the victim, and other sentencing conditions, including the defendant’s age, sex, environment, etc., shall be determined as ordered by the order.

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