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(영문) 대구지방법원 2015.01.23 2014고정1642

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on December 27, 2014.

On June 10, 2013, the Defendant purchased the Hyundai Motor Vehicle No. BNAS car in 2014 at the Gyeongnam-dong, 870-6, the Jungnam-dong, Gyeongnam-dong, the Defendant made a false statement to the employee in charge of the victim's free capital in order to faithfully repay the loan to the employee in charge of the victim's free capital for the 60-month loan period and for the 60-month loan amounting to KRW 30 million and by the equal repayment of principal and interest.

However, at the time, the above car was planned to be sold in cash immediately after the delivery, and even if the debt, such as bonds, etc., was bad in the financial status to the extent of about 45 million won, there was no intention or ability to repay it normally even if it was borrowed from the victim.

As such, the Defendant, by deceiving the victim, obtained a loan from the victim to pay 30 million won in the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous convictions: Application of respective Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;