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(영문) 서울북부지방법원 2018.10.12 2018고정1228
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

On February 13, 2015, the Defendant purchased a D car at the agency located in Songpa-gu Seoul Metropolitan Government, and took out a loan of 26.5 million won from the victim E to pay monthly installments of 628,446 won (24% per annum) for 48 months.

However, in fact, the defendant did not have the intention or ability to pay the installments of the vehicle due to the excess of his/her liability, such as the failure to pay the mobile phone charges without any particular property and the receipt of the demand for the payment from the bond company, and he/she did not think that the vehicle would not be operated by holding the vehicle.

As such, the Defendant was granted KRW 26,50,00 to the victim, under the pretext of the ancillary money to be used by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint of the E stock company;

1. Application of an agreement on installment financing of automobiles, the current status of deposits in preparation for redemption, a written confirmation of automobile registration information, and statutes on loss of time limits (final notification);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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