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(영문) 서울중앙지방법원 2014.01.23 2013고단4812
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On November 22, 2010, the Defendant purchased YFIS car with the victim Hyundai Capital Co., Ltd. at the Hyundai Motor Co., Ltd. at the 1st floor of Masan Building, Seocho-gu Seoul, Seocho-gu, 1689-5, the Defendant prepared and submitted a product application form as if he/she would pay 789,096 won each month for 36 months.

However, in fact, the defendant had no intention to purchase a motor vehicle and had it purchased a vehicle with a installment loan under the name of purchasing a motor vehicle for the purpose of purchasing it, and had the intention to use it in cash for the repayment of the existing obligation by immediately disposing of it.

The Defendant, by deceiving the victim as above, entered into an installment contract with the victim to purchase one vehicle for CYF Lasta car from the victim for KRW 25,200,00 and KRW 2,358,853 of the monthly amount of payment for three months, and did not pay KRW 22,841,147 of the remainder, and acquired and acquired the pecuniary benefit equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the loan examination table, loan contract and agreement, deposit details table, and the register of automobiles Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Circumstances unfavorable to the reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act: The damage amount itself is 22 million won, if the defendant was sentenced to imprisonment with prison labor for three months on January 2010 and completed the execution of the crime of this case during the period of repeated offense after the end of the enforcement of the sentence.

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