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(영문) 광주지방법원 목포지원 2019.09.27 2019고단631
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around March 2017, the Defendant received a letter from B that he may grant a loan from B, and conspired with B to purchase a vehicle with a loan from a capital-free company in the name of B and the Defendant, and immediately purchase the vehicle with the loan, and make it possible for the Defendant to purchase the vehicle, and to see the vehicle's seat at a corner of funds.

On April 11, 2017, the Defendant, along with B, purchased Egresing car in the name of the Defendant from the “D” used car sales store located in Seocheon-gu, Seocheon-gu, Seoul, and applied for a loan of KRW 15 million to the victim FF corporation as the Defendant actually operated the said car.

However, the defendant was merely intended to lend money in the form of installment financing loan, and did not have the intention to hold the said vehicle, and did not have the intention or ability to repay the said loan.

Nevertheless, the Defendant, in collusion with B, by deceiving the victim as above, received KRW 15 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (Voluntary Statements of Witnesses) and investigation reports ( telephone conversations of reference witnesses);

1. A copy of each protocol of suspect examination related to investigation report case of suspect's accusation case of suspect's complaint case of suspect's interrogation;

1. Application of the provisions of Acts and subordinate statutes to the accusation, accusation, statement of loan, statement of loan, application form of second or second or second or second or misleading part, contract form of second or second or misleading error (debate), certified copy of the register of automobiles (A), and extract of the statute;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Fine);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant: (a) due to the borrower B, who purchased a motor vehicle and re-enters the motor vehicle, the Defendant committed the instant crime; and (b) subsequent to the purchase of the motor vehicle, B took place.

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