beta
(영문) 대전지방법원 2013.10.23 2013고정1158

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 24, 2011, the Defendant, at the Seongbuk-gu Seoul Seongbuk-dong location, filed an application for a loan with the victim, stating that “The Defendant will lend KRW 25 million to the head of the vehicle and make a collateral security on the front side and repay KRW 615,610,00 per month every 48 months until March 20, 2015.”

However, in fact, D, which was operated by the Defendant, was difficult to operate because it was difficult to repay credit payment obligations worth approximately KRW 60 million due to its failure to repay the credit payment obligations. Since the Defendant did not have any property other than the Defendant, there was no intention or ability to repay the loan even if the Defendant borrowed the automobile installment payment from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 25 million from the victim as the installment payment for vehicles, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copy of an automobile loan agreement;

1. A copy of the register of automobiles and registration certificate;

1. Application of a copy of business registration certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.