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(영문) 서울중앙지방법원 2013.03.26 2013고정111

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 9, 2012, the Defendant entered into a contract with Hyundai Capital Co., Ltd. and loans of KRW 25 million, monthly payment 36 months, monthly payment 769,644 won, and loans of KRW 6.80% in order to pay the above vehicle costs at the Cheongchina Agency (B), which was located in 642-5, the Cheongchina Co., Ltd. (hereinafter referred to as the "Machina") in the Machina.

However, in fact, the defendant applied for a loan to the victim for the purpose of purchasing and using the above SP vehicle from the beginning, not only for the purpose of using it, but only for the purpose of obtaining the loan, and because there was a situation where the defendant's economic situation was difficult at the time to obtain a loan through the Internet company, there was no intention or ability to pay the loan even if he received a discount loan from the victim.

Nevertheless, the defendant obtained a loan of KRW 25 million on the same day from the victim for the purchase of the above vehicle from the victim and acquired the above money by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the loan application, examination table, details of deposits, statement of claim, various written consents, and application of the register of automobiles;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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