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(영문) 서울중앙지방법원 2009.05.06 2008고단5246
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 21, 2008, the defendant sentenced the Suwon District Court to four months of imprisonment with prison labor for the obstruction of performance of official duties, etc., and the above judgment became final and conclusive on May 29, 2008.

On February 29, 2008, the Defendant prepared related documents, such as a written application for a loan to the effect that “it shall pay interest at 8.9% on a yearly basis, and shall repay 37,216 won on a monthly basis from March 10, 2008 to 60 months in good faith,” and submitted them to the employees B of Hyundai Capital Co., Ltd., a company that is an installment financing company, as if the Defendant purchased the 1st share of the 16,100,000 unit of the 16,00 unit of the 337,216 unit of the 30-month unit in its name.”

However, the facts are as follows: (a) in addition to the cargo vehicle purchased from the victim with installment financing loans (the total sum of installment financing loans in South Korea, KRW 8,035,976), there is no property in the name of the defendant; (b) the cargo vehicle is accommodation in the above cargo vehicle without a given residence; (c) the vehicle was installed using the method of installment financing loan without the intent to purchase and hold the above cargo vehicle; and (d) the vehicle was provided as a collateral; and (c) even if the vehicle was financed by the victim, there was no intention or ability to repay the above loan even

As such, the Defendant, by deceiving the victim, received 15,800,000 won as a loan for automobile financing from the victim, namely, the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (reports on previous disposition and results of confirmation);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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