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(영문) 광주지방법원 목포지원 2017.05.30 2017고정248

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On February 21, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the Gwangju District Court Branch Branch on September 2, 2014, and such judgment became final and conclusive on September 2, 2014.

[2] On May 1, 201, the Defendant and B conspiredd to acquire a loan by taking a loan from the victim Rono Don Co., Ltd. in a used vehicle trading complex located in Seo-gu, Seo-gu, Gwangju, Seo-gu.

Around May 26, 2011, the Defendant drafted a written agreement on installment financing and loan to the effect that “The Defendant would repay the loans monthly installments from June 25, 201 to 72 months from June 25, 2011,” with the employees in charge of loaning the victim and the first car for the 2010 SM5 passenger car in 201. The Defendant borrowed KRW 19,400,000 to KRW 19,400.”

However, the defendant and B did not have any intention or ability to repay the vehicle purchase fund even if they were to obtain a loan from the injured party under the name of the defendant.

The Defendant and B conspired as above, by deceiving the employees in charge of the victim's lending, and acquired the amount of KRW 19,400,000 as a loan for the purchase of motor vehicle from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A criminal complaint and a supplementary statement;

1. The status of installment financing and loan agreements to be provided, estimates for discussion, register of motor vehicle registration, deposit status in preparation for redemption;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as text of judgment, investigation report (verification date, etc. of final confirmation date), inquiry of criminal history against the defendant;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;