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(영문) 서울동부지방법원 2013.10.16 2013고단1245
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 17, 2012, the Defendant applied for an automobile installment loan on the condition that the Defendant would pay 1,098,295 won monthly principal and interest every 48 months to the victims Hyundai Capital Co., Ltd. in Seocho-gu Seoul Metropolitan Government by purchasing Addddddy (C) at the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho Office.

However, the victim did not have the intention or ability to repay even after receiving an automobile installment loan from the victim.

The defendant had the victim pay 40,0140,000 won of the vehicle loan with the purchase price for the vehicle, thereby acquiring property profits equivalent to the same amount.

2. On March 19, 2012, the Defendant purchased a NAS car (D) at a modern car agency located in Mapo-gu Seoul Metropolitan Government Joint Organization, and applied for an automobile installment loan on condition that the Defendant would pay the victim Hyundai Capital Co., Ltd. the principal and interest of KRW 1,202,474 each month for 36 months.

However, the victim did not have the intention or ability to repay even after receiving an automobile installment loan from the victim.

The defendant had the victim pay 38.6 million won of the vehicle loan with the purchase price for the vehicle, thereby acquiring the financial profit equivalent to the amount of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Giving information on the application documents related to each loan, poor customer management, closure of business, and payment of delinquent taxes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as smoothly agreed with the victim, the fact that there is no previous error, and the fact that his mistake is against each other);

1. Social service order under Article 62-2 of the Criminal Act;

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