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(영문) 광주지방법원 순천지원 2013.06.11 2013고정356

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant had no intention or ability to pay installments normally even if he/she entered into an installment loan agreement with the modern capital of the victim for the purpose of motor vehicle purchase funds.

Nevertheless, around November 24, 2010, the Defendant: (a) by purchasing D EcubVI (VS380) from the Cagency located in Gwangju Northern-gu, Gwangju-gu; (b) deceiving the said damaged company as if he would repay the loan; and (c) made monthly payment from the victimized company to November 10, 2013 by means of equal installment repayment of principal and interest during a total of 36 months from December 10 to November 10, 2013; (d) the agreed rate of 1,675,262 won; (c) 7.95%; (d) the delayed interest rate of 24%; and (e) 53,500,00 won of the total amount of loan; and (e) received the loan.

Accordingly, the defendant deceptioned the above damaged company, thereby acquiring financial benefits equivalent to KRW 53,500,000.

Summary of Evidence

1. Defendant's legal statement;

1. Summary of statement;

1. Application of the statutes on a copy of loan application;

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;

1. Taking into account the agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the equity in the case of concurrent judgment with the case of a final judgment.