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(영문) 서울남부지방법원 2016.08.26 2016고정1347

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A. On August 28, 2013, the Defendant, if an employee of the HK Savings Bank, the complainant, at an unsound place, entered into a credit transaction agreement to purchase used cars (TG C) in his/her representative, may repay the loan without undue delay, if the Defendant is the representative of B.

A false statement was made.

However, even if the loan is granted, there was no intention or ability to repay the loan.

The Defendant, as such, by deceiving the victim, received a loan of 15 million won from the injured party.

B. On August 28, 2013, the Defendant interfered with exercising his/her rights entered into a credit transaction agreement with the Defendant and the said vehicle, subject to the establishment of a mortgage, with respect to the said vehicle, and thus, the said vehicle did not repay the remaining loan to the complainant, and did not comply with the complainant’s demand for return to the vehicle, even though the object of the right to secure the claim by the complainant was not repaid for the remaining loan, and did not comply with the demand of the complainant for return to the vehicle on October 22, 2013, and obstructed the complainant’s exercise of rights.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, Oct. 14, 2014);

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