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(영문) 광주지방법원 2016.06.22 2015고단1309 (1)
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant purchased a new car from the Defendant’s Hyundai Capital Co., Ltd. operating an installment financing business, and immediately planned to transfer the vehicle to the Defendant’s creditor for the purpose of repaying the Defendant’s obligation to the Defendant, and did not have any idea to hold the vehicle. Therefore, the Defendant was obligated to notify the

Nevertheless, on March 13, 2014, the Defendant did not notify the victim of the fact that the Defendant would purchase the franchise and pay the principal and interest in the future, and immediately dispose of the vehicle for the repayment of the obligation, if he/she lent the money to the employees of the victim's non-indicted 59 in the Hyundai Motor interest Agency in Gwangju Northern-gu.

The defendant deceivings the victim as above and concluded a motor vehicle installment financial contract with the victim, i.e., the victim, and obtained a loan of KRW 29 million from the victim.

Summary of Evidence

1. C Legal statement;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written application for a loan from a modern capital;

1. A list of claims;

1. Application of Acts and subordinate statutes concerning comprehensive taxation of vehicles;

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

1. The defendant and his/her defense counsel did not have a duty to inform the victim that the defendant would apply for installment financing for the purpose of financing.

The argument is asserted.

The deception as a requirement for fraud refers to all affirmative and passive acts that have to observe each other in the transactional relationship with property widely, and thus, it does not necessarily require false indication on the essential part of a juristic act, and is the basis of judgment for making an actor take an act of disposal of property which he wishes by omitting the other party into mistake.

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