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(영문) 청주지방법원 충주지원 2013.07.19 2013고단276
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2011, at a church where the name located in the Gangnam-gu Seoul Newdong, the Defendant borrowed KRW 29,200,000 from C and the victim Hyundai Capital Co., Ltd., a business employee of modern automobiles, and entered into a contract to purchase a vehicle with a high price of KRW 664,390 every month on condition that he/she redeems KRW 664,390 every month for 60 months.

However, even if the defendant purchased a low-priced car with a loan from the victim, he only tried to sell the car immediately by the "vehicle tin" method, and did not intend to purchase and hold the car.

After all, the Defendant received 29,200,000 won from the victim as the purchase price for the low-est car from the seat and acquired it by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Loan contract, motor vehicle register, and motor vehicle register;

1. Application of Acts and subordinate statutes to each investigation report (the results of the C currency of business members, the confirmation of details of withdrawal of vehicle sales proceeds), and copies of passbooks;

1. Relevant statutory provisions for criminal facts and the conditions for sentencing under Article 347(1) of the Criminal Act that are disadvantageous to the defendant's reasons: The defendant acquired a considerable amount of 29 million won from the victim; the defendant obtained a certain amount of money from the victim; the defendant did not completely recover from damage other than the payment of approximately 660,000 won for a single installment: The defendant reflects the crime; the defendant did not have any criminal record other than the criminal record before the suspension of execution for a period of 20 years prior to the suspension of execution for a period of 20 years; and other circumstances that form conditions for sentencing as shown in the records, such as the defendant'

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