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(영문) 창원지방법원 진주지원 2013.10.22 2013고정476

사기

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Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant did not have any intent or ability to pay the price in time, even if the Defendant purchased a vehicle in installments at a used vehicle D, which is a used vehicle dealer, a company that is a victim B (representative director C) affiliated with an installment loan.

Nevertheless, on November 14, 2012, the Defendant purchased the F New Zealand XD 2005-type car volume in the foregoing D, which is affiliated with the damage company located in Jinju-si on November 14, 2012, and concluded that the Defendant would pay KRW 316,419 on the 23th day of each month by applying the interest rate of 28.5% per annum for 36 months if the Defendant borrowed 7.6 million won to the damage company.

The defendant was given a loan from the damaged company to pay 7.6 million won as a installment financing, and acquired the pecuniary profit equivalent to the amount of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of a written application for heavy loan;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;