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(영문) 대전지방법원 홍성지원 2014.02.28 2013고단1033
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant, in collusion with the husband C, purchased a motor vehicle on a single-time basis without having an intention or ability to pay the installment of the motor vehicle, and sold it to others, with an intention to raise money.

C Around August 21, 2012, upon receipt of an application form for vehicle installment form from a person with no personal knowledge in Gangseo-gu Seoul Metropolitan Government D, and again, the Defendant is the Defendant, and the Defendant was issued a written application with his personal information, “workplace E, workplace telephone F, 7,000,000 (45,300,000), and KRW 50,000,000 (50,90,000), 00,000 for the vehicle value, 7.95% for the equal repayment of principal and interest, and 36 months for the period.” C again submitted the said application form to Hyundai Capital Co., Ltd., Ltd. through a person with no personal name, and received KRW 45,300,00 for the purchase price of a vehicle from the victim.

However, the defendant did not have worked in E (State), and the defendant and C did not have any intention or ability to pay the installment, even if they purchased a vehicle with no particular property or import.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the money.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect C by the prosecution (first time);

1. Voluntary statement in the preparation of G;

1. Application of the Acts and subordinate statutes of Hyundai Capital, trade order, motor vehicle register, and claim specification list;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Although the amount of damage under Article 62(1) of the Act on the Suspension of Execution is considerable, the Defendant was unable to recover from damage at all, but the Defendant did not commit a second offense against his fault in the future and did so, thereby necessarily recovering the victim’s damage. In the process of North Korea’s escape from North Korea, the Defendant sought a concealment of the external and female booms attached to North Korea’s border guard.

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