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(영문) 서울북부지방법원 2013.07.03 2013고단1060
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

As the Defendant requires cash, he purchased a vehicle with an installment loan or a credit card payment, and immediately sold it, and tried to write down a "vehicle tin" for the preparation of cash.

1. On June 29, 2012, the Defendant entered into an automobile installment financing contract with Hyundai Capital Co., Ltd. with the victim's KRW 45 million, 36 months, and 7.95% of the loan interest rate and acquired it by receiving KRW 45 million from the victim, while the Defendant took the same attitude that he/she would normally purchase the installment and pay the installment payment even if he/she purchases a vehicle as a part of the installment, although he/she did not have the intent or ability to pay the installment payment.

2. On June 28, 2012, the Defendant: (a) took the same attitude in the Defendant’s Hyundai Card Company’s office located in Yeongdeungpo-dong 15-21, Yeongdeungpo-gu, Seoul; (b) obtained credit cards to pay credit card bills normally; and (c) on June 29, 2012, the Defendant purchased DK9 automobiles at 31.5 million won at 1.5 million won in purchase of DK at 1.5 million won in terms of the said credit cards; and (d) obtained financial benefits equivalent to KRW 31.5 million in terms of the purchase of DK 9 automobiles at 1.5 million in terms of the said credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. To make an individual general transaction;

1. Application of the statutes on a copy of loan application;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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