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(영문) 창원지방법원 통영지원 2016.07.15 2016고정183

사기

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

Since the Defendant already requested the disposal of his own private taxi on October 6, 2013, he did not intend to continue his private taxi business, even if he purchased a vehicle with a loan, he would immediately dispose of the vehicle and repay other debts, and even if he was given a loan to the previous amount of 60 million won, he did not have the intention or ability to pay the principal payment.

Nevertheless, on December 27, 2013, the Defendant made a false statement to the effect that the Defendant would pay KRW 10 million to the Defendant’s purchase fund every month when submitting a registration certificate of an individual taxi business operator who requested the disposal of the Defendant’s Gaf Capital Co., Ltd. (formerly, Korea Social Co., Ltd.) by purchasing the Gafing motor vehicle from the Defendant, which was located in Seongbuk-gu, Sungwon-si, Changwon-si, 201.

The Defendant, by deceiving the victim as such, had the victim pay KRW 10,000 to D as a loan for the purchase of motor vehicles, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the accusation, the complaint form, the complaint form, the statement of opinion, the summary, the inquiry of the business operator's registration status, the ledger of automobile registration, and the credit information inquiry and reply statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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