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Reasons
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(영문) 창원지방법원 2014.03.19 2013고단3810
사기
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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, while operating the “C Distribution” as a distributor, purchased a vehicle with the Defendant’s modern card (credit card No. D) in the name of the Defendant to receive a loan from the lender.

On March 26, 2013, the Defendant called the victim Hyundai Card Co., Ltd. to the person in charge of the specific map loan business of the victim Hyundai Card Co., Ltd. and then purchased a vehicle on the face of the increase in the limit of loan amount for vehicle purchase, and applied for a specific loan as if he had repaid the card price.

However, at the time, the Defendant was in a situation where the Defendant was required to obtain loans from an indeption borrower in order to gather the crisis of the above C Distribution, and in fact, even if the Defendant pays the vehicle by the modern card such as the amount of debt up to 200 million won after the closure of C Distribution around May 2013, there was no intention or ability to pay the card price.

On March 26, 2013, the Defendant: (a) by deceiving the victim; (b) purchased 40 million won at the market price of the FMobage vehicle E from Hyundai Motor Vehicle E in an unspecified area of not more than Gwangju Northernbuk-gu; (c) paid the price with the said modern card; and (d) failed to pay the total amount of KRW 40 million; and (c) thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the police statement concerning G;

1. Application of a motor vehicle sales contract and statutes concerning a motor vehicle takeover certificate;

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

1. Article 62(1) of the Criminal Act on the suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Crimes) (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62(1)),

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