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(영문) 부산지방법원 동부지원 2016.09.19 2015고정1317

사기

Text

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

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

Reasons

Punishment of the crime

On May 27, 2014, the Defendant submitted a certificate of seal impression, resident registration, certificate of subscription to workplace medical insurance, copy of passbook, and spouse's driver's license as if he/she would pay the installment in the name of the relevant store to the business personnel within the area of Nam-gu Busan, Nam-gu, Busan, as of May 27, 2014, and if he/she sells SM3 SE (17,220,000 won at the market price) at the interest rate of 6.5% per annum (the installment period on June 21, 2014; May 25, 2019) and paid the installment at the interest rate of 60 months per annum (the installment period on May 25, 2019).

The automobile financing agreement was concluded.

However, even if the Defendant entered into an installment financing agreement, he did not have the intent or ability to pay the installment financing.

Accordingly, the Defendant, by deceiving the complainant, entered into an installment financing agreement with the complainant, and purchased 1 automobile (SM3 SE, installment contract amounting to KRW 17,220,00) and took profits equivalent to the same amount by not paying the installment payment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A complaint;

1. The installment financing and loan agreement to be made;

1. Current status of deposits in preparation for repayment;

1. Application of Acts and subordinate statutes to certify automobile registration information;

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

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;