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(영문) 서울중앙지방법원 2015.08.20 2015고단3400
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 7, 2014, the Defendant: (a) purchased the volume of a high-end car from the name-free sales partner in the D High-Tech Trading Complex located in the D High-Tech Trading Complex in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) borrowed KRW 15 million from the victim (i.e., (ii) Franchis Capital; (c) drafted and submitted a “Agreement on Installment Financing and Odial Agreement” on the condition that the monthly payment is 564,356 won, (iv) 36 months, and (v) the monthly payment is divided into interest rate of 20.9%.

However, in fact, the defendant did not have certain income, and there was no intention or ability to repay the loan to the victim because he thought to use the vehicle as a collateral after purchasing the vehicle.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim as the purchase price for the above vehicle and acquired it by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the register of automobiles, copies of installment financing and agreement of debate, and of the Acts and subordinate statutes of the integrated credit inquiry;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Act [Scope of Recommendation] General Fraud (less than KRW 100,000) and circumstances that are favorable to the situation that damage has not been recovered: The defendant reflects the crime and the defendant does not have any criminal records of the same kind, the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc. are considered in consideration of various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime.

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