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(영문) 서울북부지방법원 2017.09.14 2017고단2301
사기
Text

The punishment of defendants shall be six months.

Reasons

Punishment of the crime

On October 21, 2013, the Defendant agreed to make a loan of KRW 22 million from Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) and pay the principal and interest in installments for 36 months as interest rate per 20.86% per annum, when purchasing Cryp high-tech vehicles from Chang High-Tech Co., Ltd., Ltd. (hereinafter “Mo Capital”) located in Seocho-gu Seoul, Seocho-gu.

Modern Capital is believed to pay the principal and interest in installments as agreed and paid 22 million won to the defendant with the loan on the same day.

However, the Defendant was thought to transfer a vehicle to another person immediately after the Defendant was unable to repay the loan even if he was given a loan by taking the vehicle as collateral.

The defendant got 22 million won by deceiving the modern capital of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused by the prosecution (including D);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Determination of punishment under Article 347 (1) of the Criminal Act, which is the legal provision on the crime;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. A ruling of punishment: Recognizing errors as a substitute;

There are five years of a fine.

Among them, a fine of KRW 10 million is imposed on a fraudulent act similar to a motor vehicle.

It seems that he/she has committed a crime of not paying the loan from the beginning.

The damage has not been recovered at all.

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