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(영문) 전주지방법원 군산지원 2013.11.27 2013고단870
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant, who operated (State)C, purchased a motor vehicle with a loan from funds to purchase a motor vehicle, immediately after having sold the motor vehicle to use it as the company's operating fund, and there was no intention or ability to pay the principal and interest of the loan normally.

On September 6, 2012, the Defendant purchased HG motor vehicles from the seller D at the Hyundai Motor Official Agency in Don-dong 600-14, Chungcheongnam-dong, Chungcheongnam-dong, 796,934 won per month with the loan period of 48 months and the loan interest rate of 5.9%, and deceiving the employees of the victim Hyundai Capital Co., Ltd. to pay 34 million won for the purchase of motor vehicles to the victim, thereby having the victim pay 34 million won for the purchase of motor vehicles.

Summary of Evidence

Application of the defendant's legal statement, accusation statute

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 (i.e., reflectiveness, no history of criminal punishment other than once a fine, and the degree of criminal punishment);

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