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(영문) 대구지방법원 2013.09.27 2013고단4386
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

Criminal facts

On December 30, 2010, the Defendant made a false statement that “The Defendant would purchase K7 passenger cars, and would pay KRW 29,000,000 as KRW 710,019 per month for 48 months each month by lending KRW 29,00,000 to the business members of the Defendant’s Hyundai Capital Co., Ltd.” at the business members of the victim Hyundai Capital Co., Ltd., and drafted a written contract for the said purposes.

However, the defendant did not have the intention or ability to repay the above loans.

After all, the Defendant, as above, by deceiving the victim as above, did not repay the above loan even though he received KRW 29,00,000 as the purchase price for the vehicle from the victim company, that is, from the victim company.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. It shall be decided as ordered for the reasons not less than Article 62 (1) of the Criminal Act (i.e., confession of a crime, reflect, the agreement with the victim, and the fact that there is no previous violation);

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