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(영문) 수원지방법원 2018.05.10 2018고단917
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2013, the Defendant: (a) purchased DNA-free cars from the C Trading Co., Ltd. located in Busan Shipping Daegu; and (b) filed an application with the victim for a loan for the purchase of cars with the Non-us Capital Co., Ltd. via a used car with a used car with the victim D-free car with the victim.

However, at the time, the defendant was not only liable for a large number of loans, but also the defendant purchased the vehicle at the same time, and there was no intention or ability to pay the loan normally even if he was given a loan from the injured party, since the economic situation was not good enough to re-be financed as a security.

The Defendant was given a loan of KRW 20 million from the damaged party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant: (a) purchased a car at the time, at the place, as set out in paragraph 1, and received a loan; (b) around January 14, 2013, the Defendant set up a mortgage on the amount of KRW 12 million with respect to the said car as security for the said loan.

Nevertheless, on January 21, 2013, the Defendant borrowed KRW 5 million from F to F of a credit service provider around January 21, 2013, prepared a contract for the sale of a vehicle and a written waiver of a vehicle, and delivered the vehicle to the victim for the purpose of securing the said vehicle.

In this respect, the defendant concealed the above car, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G or F;

1. Application of an application for installment financing, a motor vehicle transfer certificate, a request for installment payment, a ledger of motor vehicle registration, a protocol of impossibility of delivery of a motor vehicle, a credit information inquiry statement, a credit information transaction details, and application of statutes on transactions;

1. Article 347 of the Criminal Code applicable to the crime and Article 347 of the choice of punishment (the point of fraud) of the Criminal Code.

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