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(영문) 대구지방법원 2013.10.24 2013고정703
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 2, 2012, the Defendant stated, by telephone, that “If 4, Yeongdeungpo-gu Seoul Metropolitan Government employees C of Hyundai Capital Co., Ltd., Ltd., in the building of the Quak Okuak Office Office Building 442, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, would lend KRW 11,00,000 to 11,00,000 won as the head of the department, he would repay the loan according to the commitment.”

However, the defendant did not have any intention or ability to pay the loan normally on the date of promise even if he did not receive the loan from the victim because he did not have any income or property at the time.

Nevertheless, the Defendant received 11 million won as a loan from the victim on the same day by deceiving the victim as above.

2. On May 3, 2012, the Defendant stated on May 3, 2012 that “The Defendant would normally pay the amount of the loan if he/she lends the loan to a staff member in the name in Hyundai Capital Co., Ltd., Ltd., who was working for the Maddong-dong Office No. 428, Seongdong-gu, Seongdong-gu.”

However, even if the defendant purchased DK5 motor vehicles, it was thought that the defendant would make financing by selling it to the third party without using it normally.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 27 million as a loan for the purchase of the above vehicle and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Complaint;

1. Application of the terms and conditions of loan application, application for loan, claim list, deposit details, register of automobiles, and detailed statement of passbook transaction Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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