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(영문) 서울서부지방법원 2015.02.03 2014고정1910

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant was naturalizationed from North Korea around June 2006 to the Republic of Korea.

On April 20, 2012, the Defendant entered into an automobile installment loan agreement on the condition that the Defendant would make loans of KRW 17 million to the victim bank and the Defendant would make repayment at the interest rate of 25.9% per annum in the amount of 36 months in the amount of smart financing of 207-1 A Dong 201 (State) in Bupyeong-gu, Bupyeong-gu.

However, the defendant did not have the intention or ability to repay the loan even after receiving the loan.

Nevertheless, the Defendant, as seen above, purchased a loan contract by deceiving the victim, and took advantage of the amount of KRW 17 million in a way that does not repay the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of materials for a criminal complaint), investigation report (Attachment of materials for a criminal complaint);

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;

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