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(영문) 광주지방법원 2013.06.12 2013고단428
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 23, 2011, the Defendant purchased an Orsa car car at the Aeronautic. D agency located in Seosan-si, the Defendant applied for a car purchase loan to the victim Hyundai Capital Co., Ltd., Ltd., through E, the said agency employees, with the rate of 42.7 million won, the agreed rate of 5.90%, the loan period of 48 months, the delayed rate of 24.00%, and the rate of 24.00 won each month.

However, the Defendant thought that he would promptly sell the foregoing vehicle and prepare cash. At the time, the Defendant did not have any management condition of “F” at the time, but did not have any special property. Therefore, the Defendant did not have any intent or ability to repay the loan even if he/she received a loan from the victim as the price for purchasing cars.

Nevertheless, the defendant deceivings the victim as above and caused the victim to pay the 42.7 million won of the loan to the car, thereby taking the amount equivalent to the above amount into account.

Summary of Evidence

1. Partial statement on the third trial date of the defendant;

1. Each police statement to G, H, I, and E;

1. Recording records;

1. Application of the provisions of Acts and subordinate statutes to the copy of the application for the goods of modern Capital, copy of the application, copy of the claim list, copy of the deposit statement, copy of the business registration certificate, copy of the data on suspended or closed business of business type (Evidence No. 16), vehicle sale documents (certificate of seal impression, transfer certificate, business registration certificate), copy of the automobile sales contract, copy of the automobile sales contract, and copy of the proxy

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do134, Jan. 1, 201);

1. Article 62-2 (1) of the Criminal Act, and probation of community service order;

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