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(영문) 창원지방법원 진주지원 2016.10.18 2016고단814
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2013, the Defendant: (a) around October 8, 2013, the Plaintiff purchased rocketing-R vehicles to an employee under his name in the car agency in Guro-gu Seoul Metropolitan Government through installment loans; (b) as if he faithfully pays the loan; and (c) prepared a written application for the new lafing of Hyundai Capital; and (d) concluded a loan contract with the victimized Company by submitting the said application via the said agency staff.

However, in fact, even if the Defendant purchased the said vehicle through the installment loan, he thought that it would immediately be sold, and then disposed of it to a third party immediately after purchasing the vehicle by the actual system, and there was no certain income at that time and there was no intention or ability to repay the loan even if he purchased the vehicle through the installment loan as above, such as credit card loans.

As above, the Defendant, by deceiving the victimized Company, received 37.1 million won from the victimized Company to the account in the name of the victimized Company under the name of the Defendant and purchased the said vehicle, and did not repay the price, thereby acquiring property profits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, and imprisonment;

1. On October 7, 2016, the Defendant agreed to exempt the remainder from principal and interest upon repayment of KRW 30,000,000 with a limited liability company specializing in Ess. Es. Es. Es. Es. (1) of the Criminal Act, upon which the Defendant acquired a loan claim on the facts constituting a crime from the victimized Company, and repaid KRW 15,00,000 as part of them. Accordingly, the victimized Company expressed its intent not to punish the Defendant on October 17, 2016, after the instant indictment was instituted, and accordingly, expressed its age, character, character, environment, and environment.

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