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(영문) 의정부지방법원 고양지원 2015.10.30 2015고정994

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 11, 2013, the Defendant made a false statement to the effect that “The Defendant would repay KRW 659,808 per month for 36 months from December 25, 2013 to November 25, 2016, to an employee who could not know the name of the injured party’s NFF Capital Co., Ltd., in purchasing a secondhand vehicle in Seo-gu Incheon Metropolitan City C and S095, and that “The Defendant would repay KRW 18 million every month for 36 months from December 25, 2013 to November 25, 2016.”

However, in fact, the defendant did not have any special property or income, and he had the intention to pay in lieu of the existing obligation to his creditor, so even if the above vehicle purchase fund was borrowed from the victim company, the defendant did not have the intention or ability to pay the above loan.

The defendant was given a loan of KRW 18 million from the victim company for the purpose of the vehicle purchase fund, and purchased the above vehicle, delivered the above vehicle to the creditor of the defendant, and did not pay the vehicle purchase fund normally.

Accordingly, the defendant, by deceiving the victim company, obtained a loan of KRW 18 million from the vehicle purchase fund.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act (Article 334(1) of the same Act provides that the amount of damage caused by the instant crime has not been recovered entirely