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(영문) 인천지방법원 2014.05.15 2013고단7515 (1)

사기

Text

Defendant shall be punished by a fine of KRW 150 million.

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

Reasons

Punishment of the crime

B (Pronouncement of February 18, 2014) and C (not known at present) are used as a secondhand car dealer. The Defendant was a person who was to receive a loan from B and C, and the Defendant, B and C, even if having received a loan from the Defendant under the name of the Defendant, did not immediately dispose of the loan and want to make a loan, and thus, did not have to be subject to installment financing.

Nevertheless, at around 20:00 on February 1, 2013, B, C, and the Defendant agreed to pay the Franchisl in the name of the Defendant at the office, Inc., Ltd., the office of installment financing agent in Seo-gu Incheon, Seo-gu, Incheon, for a loan of KRW 11,80,000, the price shall be paid from the victim non-Ethn Capital Co., Ltd., and “a loan shall be repaid in 487,453 won per month,” and submitted a written installment financing agreement to the victim via E employee G of the said company.

Accordingly, the Defendants conspired to induce the victim as above and received 11,800,000 won as a loan from the victim to C account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B, C, and G;

1. Each police suspect interrogation protocol of G, C, and B;

1. The police statement of H;

1. A complaint;

1. Application of an agreement on installment financing and erroneous discussion, request for remittance of proceeds, certificate of receipt of goods, power of delegation, certificate of personal seal impression, certificate of registration of automobiles, standard contract for loan contract, statement of transactions, certificate of loan, and application of statutes;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense. Article 347 (Selection of Punishment of Fines)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The profit acquired by the defendant by the crime of this case is merely one million won, and the defendant extended a loan of one million won to the Internet in order to obtain the original one million won.