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(영문) 대구지방법원 2016.03.17 2015고단4288

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On December 30, 2014, the Defendant purchased a vehicle with a loan from the victim Hyundai Capital Co., Ltd., but did not have the intent or ability to pay the loan. However, the Defendant purchased a vehicle at least 26,200,000 won at the market price, and faithfully pays the vehicle security loan to the employee in charge of his name.

“Along with the intention of making a false statement, it was submitted to the modern loan application, and it was made by the victim to transfer KRW 19.9 million as a loan in this city, to the Handong Co., Ltd. which sells the said car.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement made by the police against C;

1. An application for heavy loan;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the primary offenders, are the defendants for the reasons for sentencing, and the sentencing conditions specified in the trial process of the instant case, including the circumstances favorable to the victim and other circumstances agreed with the victim, including the defendant’s age, sex, environment, motive for committing the instant crime, and circumstances after committing the crime, shall be determined as indicated in the order.