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(영문) 춘천지방법원 속초지원 2020.06.03 2018고단523

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant stated that “The Defendant loaned the employee in charge of the Victim B Co., Ltd. (hereinafter “victim Company”) to purchase the 2012 rocketing car using the middle loan and repaid 372,475 won each month from February 20, 2017 to February 20, 2020 for 36 months from February 20, 2017.”

However, in fact, even if the defendant purchases a secondhand car at a fixed rate, he did not immediately think that the car will be sold and the cost of living was prepared, and he did not have the intention or ability to pay the installment at the time.

Nevertheless, the Defendant entered into a contract for installment financing of a car purchased at the rate of 9.9 million won in the loan principal, 20.9% in the loan interest rate, and 36 months in the loan period between the victim company and the victim company, and had the victim company pay 9.9 million won in subrogation for the purchase price of the said car, and acquired property profits equivalent to the same amount from the victim company in a manner that did not pay the installments.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of a copy of the agreement, the register of automobiles statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his/her mistake at the investigative agency and there is no record of being sentenced to a fine exceeding the defendant, and the circumstances of sentencing, such as the circumstances of the crime of this case and the amount of profits acquired by the defendant, shall be determined as the same as the order