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(영문) 수원지방법원 안양지원 2013.12.20 2013고정1139
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 18, 2012, the Defendant: (a) purchased a c car at the point of Yongsan-gu Seoul Metropolitan Government Han River Co., Ltd. at the point of Yongsan-gu, Yongsan-gu, Seoul; (b) entered into an automobile installment contract with the victim Hyundai Capital Co., Ltd. for KRW 15,500,000, which is a part of the price for the said car; and (c) agreed to pay KRW 470,839,000 on May 20, 2012 to April 20, 2015.

However, in fact, the defendant, after selling the above car, tried to use it as the cost of living. Since monthly income was approximately KRW 800,000, there was no intention or ability to pay the above installment to the victim even if the contract was concluded with the victim.

Ultimately, the Defendant, by deceiving the victim as above, had the victim pay KRW 15,500,000, which is a part of the price for the said car, to the car company, thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a summary statement by a complainant's agent, and the relative investigation by the Hyundai Capitals Staff member);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Optional fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the initial crime committed with no record of committing an offense for sentencing under Article 334(1) of the Criminal Procedure Act, the depth of the crime, health condition, living environment, etc.

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