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(영문) 서울남부지방법원 2015.04.30 2015고단746
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

The criminal defendant, in collusion with the name broker, received the installment loan from the financial company as if he actually purchased the vehicle, and then commercialized it by the method of disposing of the vehicle in other place, and received the loan by dividing it, even if he did not have an intention or ability to pay the installment, and instead he did not have an intention or ability to do so.

On June 7, 2012, the Defendant entered into an installment financing contract with the victim Hyundai Capital Co., Ltd. (K) around Geumcheon-gu Seoul Metropolitan Government (hereinafter “Seoul”), and the Defendant entered into an installment loan contract with the victim Hyundai Capital Co., Ltd. (hereinafter “K”) as if it were necessary to purchase the loan amount of KRW 59,50,000, the total loan amount of KRW 36 months, the loan period of KRW 1,807,411.

However, in fact, even if the Defendant purchased an automobile through an automobile installment loan, it was thought that it would be commercialized as above, and even if he received an automobile installment loan, he did not have the intention or ability to pay an installment.

As such, the Defendant, in collusion with the one who did not know the victim company, led the victim company to pay 59,500,000 won to the victim company instead of the above vehicle purchase price, and obtained pecuniary benefits equivalent to the above amount by receiving the said vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of an application for automobile installment;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the suspended sentence [Scope of Recommendation] The basic area of sentencing under Article 62(1) of the Criminal Code: Six months to one year and six months (less than 100 million won): There is no person who has been a special offender] [decision of sentence] The method of punishment of this case is not appropriate and the amount of damage is not small, so it is highly likely to be subject to criticism against the defendant, but the defendant is North Korea as North Korea.

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