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(영문) 인천지방법원 부천지원 2017.09.21 2017고단1855
사기
Text

A defendant shall be punished by imprisonment for six 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

On February 6, 2014, the Defendant: (a) purchased Drocketing R R vehicles from the Plaintiff’s Hyundai Capital Co., Ltd.; (b) obtained the money to be used as vehicle payments; and (c) made a loan contract, and (d) made up the loan contract, the Defendant 29,700,000 won from March 25, 2014 to February 25, 2018 were the same as 718,114 won on the 25th of each month during the period from February 25, 2018.

However, in fact, the Defendant received a vehicle loan under the name of a person who operates a "work loan" and the Defendant, and received the vehicle by having the said loan deposited to the vehicle seller, and then delivered the vehicle, and then disposed of the said vehicle and divided the price. Therefore, the Defendant did not have the intent or ability to purchase the said vehicle, and the said loan obligation did not have any intent or ability to repay.

Nevertheless, the Defendant had the victim corporation pay KRW 29,700,000 to the Plaintiff, who is the seller of the above vehicle, in terms of the name of the loan, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement of complaint, consultation list, application form for new installment, ledger of vehicle registration, details of deposit, and details of claim;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act takes into account the following circumstances: (a) the defendant, along with a person who commits a crime of a tentatively named work loan, by deceiving the vehicle and is extremely poor in the nature of the crime; and (b) the fact that the defendant is not agreed with the victim; (c) the defendant is against his mistake; (d) the defendant has no same record; and (e) the defendant's age, sex behavior, amount of damage; (e) the degree of participation in the crime and profit-making (the crime in this case was committed under the lead of the so-called working borrower; and (e) the profit acquired by the defendant is three million won).

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