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(영문) 대구지방법원 2015.08.26 2015고정1433

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

Around July 4, 2012, the Defendant borrowed KRW 13 million from a social Korea Co., Ltd., Ltd., Ltd., the victim Alhysa, with a loan of KRW 13 million, and used the loan as a purchase fund for a car with a low-end investment in 2009, and the Defendant decided to pay the loan in installments each month for 36 months until June 25, 2015.

However, in fact, the defendant did not have a certain occupation at the time and did not have money to seek a monthly rent, and had the intent to acquire a loan from the victimized company and immediately sell it and prepare cash, so even if he received a loan from the victimized company, he did not have the intention or ability to repay it.

The Defendant deceptioned the damaged company as above, and received loans of KRW 13 million from the victimized company around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A loan agreement for a second or second class purchase fund;

1. Application of the register of automobiles statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;