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(영문) 서울서부지방법원 2013.06.26 2012고단2659
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 15, 2011, the Defendant: (a) made a false statement that “I will pay KRW 27,400,000 per share of KRW 649,79,790 per share of KRW 68 months each month to C, who is an employee of the location of the Hyundai Mine Development Agency located in Gwangjin-gu Seoul, Seoul; and (b) made and submitted a false statement that “I will pay KRW 31,720,000 per share of KRW 27,40,00 per share of KRW 649,790 per share of KRW 48 months.”

However, the defendant was only for the purpose of disposing of the above car immediately and raising a large cash, and there was no idea of actual operation, and there was no intention to pay the installment in good faith from the beginning.

As such, the Defendant, by deceiving the victim, obtained a loan of 27,400,000 won from the Hyundai Capital Co., Ltd. on the same day.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, investigative report (related to evidentiary materials report);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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