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(영문) 수원지방법원 안산지원 2018.01.25 2017고단1911
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a used motor vehicle with D in light life.

On March 3, 2017, the Defendant called the victim E, who is engaged in the installment financing agency business of used cars at the above D office, to act as a broker for the sale of FF BF passenger cars owned by the Green Cross (State), to G.

Then, G extended a loan of KRW 32 million to G with the purchase price of the said car at KRW 32 million. On that occasion, G purchased the said loan with the above loan of KRW 32 million and offered it as a security for the establishment of a right to collateral security, and the loan will be repaid in a normal installment for 36 months at an interest rate of KRW 9.9% per annum. It means a false statement to the purport that “The above loan will be paid in a normal manner, and sent the written application for the motor vehicle product in the above G name and a letter of summary for discussion (stif any) by facsimile.

However, at the time of fact, even if the Defendant borrowed 32 million won from the injured party under the name of G, the Defendant did not have a plan to purchase the said BF passenger car under the name of the said G and offer it as a security for the establishment of a mortgage on the said loan. The Defendant was thought to have received the purchase price in the name of the above G and used the Defendant’s personal debt repayment and living expenses.

Nevertheless, the Defendant received 32 million won from the injured party to the agricultural bank account in the name of the Defendant’s mother-friendly H on the same day. However, the Defendant received 32 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E and G in the suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to an application for financial products of Oral Motor 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, gender, and reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation.

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