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(영문) 서울중앙지방법원 2015.02.05 2014고단5331
사기
Text

A defendant shall be punished by imprisonment for six 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 June 28, 2012, the Defendant: (a) purchased a 17.5 million won car from an agency affiliated with Hyundai Motor Co., Ltd., Ltd., Ltd., Ltd., which was located in Sungnam-gu, Sungnam-si; (b) made a written application for vehicle installment to the effect that 17.5 million won will be loaned from the victim Hyundai Capital Co., Ltd., Ltd., and repaid 531,592 won monthly during the 36-month period, and submitted

However, since the defendant does not have any property under his/her name at all and has caused 8 million won or more, even if he/she purchased a vehicle with a loan from the victim, he/she was thought to dispose of it and use it as debt repayment, etc., and there was no intention or ability to repay the loan.

The Defendant received KRW 17.5 million from the victim as a loan for purchasing cars on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the complaint, written application for installment of a motor vehicle, statement of claim, register of motor vehicle and details of deposit;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommending sentencing guidelines shall fall under the basic area (6 months to 100 million won) of types 1 (less than 100 million won) of fraud;

2. Determination as ordered in consideration of the fact that the amount of damage is not large, the amount of six installments has been paid, only two times of fines, etc.

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