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(영문) 대구지방법원 김천지원 2017.11.14 2017고정356

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant had a relationship with the Defendant at the place of business for registration of the Gu-U.S. vehicle located in the gender of the Gu-U.S. Si, Si, Gu-Eup, and at the time

At the same time with B, one person in charge of the victim capital company was met, and the above B purchased the C Capitald Car.

In order to pay the price, the loan will be repaid.

“A loan contract with a victim for a loan of KRW 17 million and a loan period of KRW 48 months was concluded and a mortgage was created on the said car.”

However, the Defendant had caused B to make a car sales contract, received a loan from the injured party, and had been able to use the loan at will, and there was no intention or ability to change it by arbitrarily disposing of the said car without paying the loan at all after the loan.

After all, the Defendant, as above, induced the employees of the victimized person, and caused the victimized person to transfer the amount of KRW 17 million to the account in the name of B through loan with loan with the victim, and then acquired it through the delivery from B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of the loan agreement, the copy of the register of vehicles, and the statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, deceivings the victim and defrauds KRW 17 million under the name of the loan.

Most of the victims have not been recovered.

However, the defendant is against the law.

Defendant has no record of criminal punishment for the same crime.

The defendant seems to have continuously repaid the loan through B, and it seems that the amount of approximately KRW 3.7 million out of the loan principal is currently repaid.

In the above circumstances, the defendant's age, sex, family relation, and family relation.