beta
(영문) 청주지방법원 충주지원 2017.12.20 2017고정195

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 29, 2014, the Defendant, in collusion with B, filed an application for installment financing with the victim's meri capital in around the residence located in the voice C apartment located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, through the above B, said B, the Defendant stated that “I would pay KRW 20 million to the employee in charge of the examination of the victim's name unsatisfying loan from the victim's company by telephone at the rate of 16.9% per annum if I borrowed KRW 20 million as a second class installment loan as security of the 201 K7 vehicle at the rate of 16.9% per annum,” and submitted a written inquiry about the history of the vehicle's accident, stating that the vehicle's vehicle's market value is 22.5 million won per annum.

However, in fact, the above DK7 vehicles had an accident of full-time loss, and the rent of heavy 6,80,000 won did not have any collateral value, and even if the defendant borrowed the above vehicle as collateral, he did not have the intent or ability to repay the loan even if he borrowed the above vehicle under B's name.

Nevertheless, the defendant deceivings the victim as above and took over the victim's property by receiving 20 million won under the name of the second and second loans on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the interrogation of suspect B by the prosecution; and

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. An application for heavy loan, and the register of each motor vehicle;

1. Details of deposits, current status of receipt, and output of counseling by each customer;

1. Photographs of an accident vehicle;

1. A certificate of automobile storage;

1. Investigation report (Submission of inquiry about history of a vehicle accident), investigation report (Attachment of a report on history of a vehicle accident);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of transaction in the A’s account);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Punishment) of the Criminal Act;

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

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