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(영문) 제주지방법원 2017.09.22 2017고정413

사기등

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

1. On April 11, 2014, the Defendant entered into a mid-term loan agreement with the victim KB Capital Co., Ltd. to receive KRW 15,000,000 from the victim KB Capital and pay KRW 564,356 each month in installments for 36 months, by purchasing the B K7 vehicles in this exhibition, at the reputation of the K-gu Seoul Metropolitan City, Seoul Metropolitan City, and at the same time, 50% of the mortgage on the above vehicles.

However, the defendant had a debt equivalent to KRW 17 million at the time, and there was no intention or ability to repay the loan properly due to the lack of income.

The Defendant, as such, by deceiving the victim, received KRW 15,00,000 from the injured party.

2. The Defendant: (a) entered into an agreement on the intermediate loan loan in the same date, at the same place; (b) entered into the said agreement; and (c) subsequently, in order to borrow KRW 3.5 million to an unregistered credit service provider, the Defendant obstructed the victim’s exercise of the right to the said vehicle by concealing the said B vehicle to a non-exclusive credit service provider, without the consent of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of criminal complaints filed by C and C;

1. Content certification;

1. A certified copy of the motor vehicle registration ledger;

1. An application form for heavy appeal and a list of computerized examinations;

1. Details of integrated personal credit information;

1. Application of Acts and subordinate statutes on investigation reports and credit information replies;

1. Relevant Article 347(1) and 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.