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(영문) 부산지방법원 서부지원 2021.02.17 2020고정672
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 March 13, 2014, the Defendant leased a car from the name-free loan hub Co., Ltd. in the name-free loan in the name of the Defendant around Daejeon (Seoul) and lent the vehicle KRW 6 million to the Plaintiff.

“After receiving the proposal, and accepting it, the fact is that it actually operates a car of Aw-D and without intention or ability to pay the lease fee in a normal manner, it will pay the lease fee of KRW 1,034,60 per month to an employee in the name of Aw-D Co., Ltd. in the Dispute Resolution Co., Ltd. to purchase KRW 62,585,40 and return or purchase the vehicle for 48 months after paying the lease fee of KRW 1,034,60 for 48 months.

“A false statement” was received from the injured party for the car as above.

Accordingly, the defendant, in collusion with a name-free person, acquired one vehicle from the injured party, which is equivalent to the market price of 62,585,400 won.

Summary of Evidence

1. A protocol concerning the examination of witness of the police to a part of the defendant's legal statement (as at the second public trial date);

1. Statement protocol of E;

1. A complaint;

1. Investigation report (Submission of a notification, etc. of scheduled termination of a lease contract by a complainant's agent), investigation report (examination report on the name of the crime of interest rate);

1. Application of Acts and subordinate statutes to a motor vehicle facility lease agreement and an inquiry about the balance of claims;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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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