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(영문) 대전지방법원 2015.11.13 2015고단2851
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 29, 2012, the Defendant stated that “The Defendant would pay KRW 23,500,000 per month 483,272 won every month for 60 months from the loan of KRW 23,50,000 to the staff in charge of the Victim Hyundai Capital Co., Ltd.” at the Diplomatic Agency located in Chungcheongnam-do, Chungcheongnam-do.

However, in fact, the defendant thought that he did not actually operate the vehicle sod, but did not have the intention or ability to pay the installments of the vehicle.

Accordingly, the defendant, by deceiving the victim as such, had the victim pay 23,500,000 won as passenger car price to the D agency, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. An application for loans, etc.;

1. A list of transactions;

1. Automobile register;

1. Application of Acts and subordinate statutes on the claim list;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations, details of crimes, size of amount of profit, and fact that there is no same record);

1. Social service order under Article 62-2 of the Criminal Act;

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