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(영문) 대전지방법원 천안지원 2018.09.11 2018고정568

사기

Text

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

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

Reasons

Punishment of the crime

On May 10, 2016, the Defendant purchased D rocketing car in Seo-gu, Seocheon-gu, Seocheon-gu, and concluded a loan agreement with the victim FF Co., Ltd. and the above rocketing car as security at the interest rate of 22.4% per annum through the business employees of the company of the company of the company of the company of the second class (ju) to pay KRW 13,000,000 each month from June 15, 2016 to June 15, 2019 to normally pay KRW 49,170 each month for 36 months from June 15, 2016.

However, even if the Defendant was under bad credit standing at the time, and the Defendant was granted a loan of KRW 2040,000 from another bond company around June 21, 2016 and offered the said rocketing car as collateral and did not find it up until now, the Defendant did not actually have the intent and ability to pay monthly payments normally.

Nevertheless, the Defendant received KRW 13,00,000 as a loan around May 10, 2016 from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning partial prosecution of the accused, or a protocol concerning the interrogation of the police;

1. Written complaint (including attached documents) of the F Stock Company;

1. A criminal investigation report (to attach data submitted by a suspect A);

1. A certificate of registration of motor vehicle, a certificate of borrowing, a certificate of vehicle storage, and a written consent for vehicle operation (the defendant was found to have no intention to commit fraud;

The argument is asserted.

However, the Defendant paid a relatively small-sum loan on 30,000 occasions, and did not pay it any more.

② On May 10, 2016, the Defendant provided a damaged company with a vehicle as security and concluded a loan contract, and borrowed money to the bond company on June 21, 2016, which is only one month after the conclusion of the loan contract, to transfer the vehicle to the bond company, and there seems to be no circumstance in which the Defendant was unable to recover the vehicle until now and making efforts to recover the vehicle seriously.

(3) The Defendant was scheduled to repay loans by operating G Co., Ltd.

However, the company has no special sales from January 1, 2016 to June 31, 2016.