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(영문) 부산지방법원 2015.02.05 2013고단9485
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant: (a) around July 2, 2011, formed a sales contract as if he would purchase and operate a car at k7 driver’s office in Busan, and (b) applied for a loan of KRW 25,000,000, out of the purchase price for the said car in the name of the Defendant.

However, in fact, the defendant did not have any idea to purchase the above vehicle or pay the installment loan, and it was merely the buyer's movement upon the request of E who was a bad credit holder to lend the vehicle purchase name. Therefore, even if he received the installment loan, he did not have any intention or ability to pay it.

The Defendant, as above, by deceiving the above employees in charge, received 25,000,000 won as a loan for the installment of vehicle from the victim on the same day.

Summary of Evidence

1. A complaint;

1. Application for a loan of automobile purchase fund, agreement on loan of automobile purchase fund, register of automobile, details of deposit, statement of claim, examination slip, application of Acts and subordinate statutes of the business registration certificate;

1. The sentence of imprisonment with prison labor is to be imposed in consideration of the relevant legal provisions on the crime, Article 347(1) of the Criminal Act, the choice of the punishment, the occurrence of no damage to the grounds for sentencing, and the good circumstances after the crime, and other various circumstances that form the conditions for sentencing, such as the motive, means and consequence of the crime, shall be determined by taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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