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(영문) 수원지방법원 2015.04.16 2014고단1451
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 9, 2012, the Defendant stated to the effect that, through the business employees of Hyundai Capital Co., Ltd., the victim, “The Defendant would lend KRW 32,00,000 to the victim the vehicle price for the mother and child column for KRW 32,00,000 from March 9, 2012 to March 9, 2017, the Defendant would pay KRW 653,070 on the 25th day of each month during the period from March 2012 to March 9, 2017.”

However, the defendant did not have a certain occupation, and there was no particular property under his own name, and even if he received a loan from the victim, he did not have an intention or ability to repay the loan.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a loan of KRW 32,00,00 from the victim and repaid KRW 2,261,50 up to four times, and acquired a pecuniary benefit equivalent to the amount of KRW 29,738,50 in the manner of not repaying the remainder of KRW 29,738,50.

Summary of Evidence

1. Some of the statements prepared by the defendant by the prosecution;

1. Partial statements of each police interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes stated in the complaint prepared by Hyundai Capital Stock Company;

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

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