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(영문) 광주지방법원 2016.10.21 2015고단1417

사기

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On December 6, 2013, the Defendant made a false statement to the effect that “C Office” located in B, Jeonnam-si, Jeonnam-si, “If the Defendant would create a corporation in order to create a civil engineering company, RV vehicles are required. If the Defendant borrowed one vehicle, then the Defendant would arrange all the installments and vehicles of the vehicle more than three months if he/she borrowed the name.”

However, in fact, the defendant did not have an intention or ability to establish a civil engineering company and to adjust the vehicle installments, etc.

As such, the Defendant, by deceiving the victim, purchased E Spos vehicles using Hyundai Capital Vehicle Security Loans in the name of the victim, thereby acquiring property profits equivalent to KRW 13.8 million at the market price.

Summary of Evidence

1. Statement made to D by the police;

1. Application of a copy of a written application for loan in modern Capital and the statutes governing registration certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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