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(영문) 서울서부지방법원 2019.06.19 2019고정298

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 August 9, 2017, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Western District Court on the grounds of fraud, etc. and the judgment became final and conclusive on January 8, 2018.

On March 15, 2016, the Defendant purchased Cenz vehicles in Daegu Metropolitan City Dong-gu, Daegu Metropolitan City, and applied for a loan of KRW 34.5 million to the victim E Co., Ltd. for a loan of KRW 34.5 million with the following terms: “The loan amount of KRW 34.5 million on March 15, 2016, KRW 34.5 million on the loan date, KRW 1,170,767 on the monthly repayment, and the repayment method of KRW 36 months on the repayment method.”

However, the defendant had no intention or ability to pay the interest and principal in accordance with the agreement even if the defendant received a loan from the victim company as the purchase price for the vehicle.

Nevertheless, the Defendant, as seen above, by deceiving the victim company, obtained a loan of KRW 34,50,000 from the victim company for the same day as the purchase price of the vehicle, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written public prosecutorial statements concerning D;

1. Previous convictions in judgment: Application of each investigation report (verification of the suspect A's previous records, and confirmation of whether the suspect commits any latter concurrent crimes of Article 37 of the Criminal Act);

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

1. The latter part of Article 37 and the former part of 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;

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