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(영문) 서울남부지방법원 2019.07.24 2017고단4701
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant: (a) purchased a Bbee cruise car in its name from a used car dealer in which the trade name in the Seo-gu, Seo-gu, Gwangju, is unknown; and (b) drafted a “Agreement on installment financing and erroneous debate” on a vehicle with the content that “the principal and interest on the loan of KRW 21 million to purchase a Bbee cruise car is to be repaid in installments for 36 months if the loan is made in the face of 36 months.”

However, in fact, the defendant only thought that he would dispose of the vehicle immediately even if he purchased the vehicle with the loan of the vehicle, and there was no intention or ability to pay the loan to the victim while holding the vehicle above.

The Defendant, as above, by deceiving the victim, received from the victim the transfer of KRW 21,00,000 from the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. An agreement on installment financing and misleading;

1. Application of the register of automobiles statutes

1. Considerations, such as the relevant provision of criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the fact that the defendant has a number of punishment grounds for sentencing choice of imprisonment, and that there is no measure to recover any damage to the victim, etc.

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