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(영문) 부산지방법원 2012.12.27 2012고단6779
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

The defendant did not have the intent or ability to pay the installment normally even if he received a loan for the purchase of a vehicle due to the absence of certain income and assets, and even if he purchased a heavy vehicle, he would have transferred the purchased heavy vehicle to C as it is, not to operate the vehicle, but to pay the debt.

1. On March 30, 2011, the Defendant: (a) at a medium and high-speed trading business establishment in Busan Shipping Daegu D Co., Ltd.; and (b) at a medium and high-speed sales business establishment in order to obtain a loan from the victim Hyundai Capital Co., Ltd., the Defendant would normally pay the loan as if the loan would be paid; and (c) the employee of the medium and high-speed sales company would purchase the nive vehicle and receive the loan from the Hyundai Capital Co., Ltd. and pay the purchase amount for KRW 1,264,

“The Defendant, as seen above, by deceiving the victim, received KRW 34,50,000 from the victim as a loan for the purchase of the second and second vehicles. On April 21, 201, the Defendant: (a) intended to purchase an erroneous vehicle by the foregoing method in the D Commercial Act; (b) obtained KRW 30,000 from the victim as a loan for the purchase of the second and second vehicles; and (c) obtained 30,000,000 from the victim as a loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (contributing favorable circumstances, such as the fact that the company has agreed smoothly with the victim and that there has been no criminal records of imprisonment without prison labor or any heavier punishment for the last twenty years

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