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(영문) 수원지방법원 2018.06.08 2018고정793

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 29, 2016, the Defendant agreed to obtain a loan from a non-us Gap Capital Co., Ltd. on the condition that the principal of the loan amounting to KRW 18 million and annual interest rate of KRW 16.9% on the condition that the principal of the loan is repaid in equal installments for 48 months, and set up a collateral security of KRW 9 million on the said vehicle.

However, in fact, the Defendant did not have any economic situation to the extent that it was unable to repay 500,000 won at the time, and the Defendant did not immediately transfer the said vehicle to another person without operating it, and received the payment, and did not have any intent or ability to repay the loan even if he received the payment.

Nevertheless, the Defendant, by deceiving the victim, received loans of KRW 18 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police investigation report (referring to DNA telephone investigations for witnesses and telephone investigations for witnesses E);

1. Application of Acts and subordinate statutes of an application for middle and high debate, an automobile registration ledger, and a written statement of payment of installments;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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