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(영문) 부산지방법원 2014.06.17 2014고정1415
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 8, 2013, the Defendant applied for a vehicle purchase loan on the condition that KRW 22,50,000 out of the vehicle price of KRW 25,00,000 from May 8, 2013 to May 10, 2016 paid KRW 935,550 on the 10th of each month between May 8, 2013 and May 10, 2016.

However, in fact, the defendant had the purpose of borrowing money from a third party as security rather than the actual purpose of purchasing and using a motor vehicle, and there was no intention or ability to pay the motor vehicle installment for the reason that there was no certain income at the time.

The Defendant, by submitting documents necessary for a loan to the sales members of C and allowing the sales members to receive it from the victim company by deceiving the victim company, which is genuinely believed to belong to the victim company, obtained the approval of the vehicle purchase loan of KRW 22,50,000 from the victim company, and obtained the delivery of the franchise-free car equivalent to the above amount, and acquired the amount of the loan by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the copy of the application for loan, copy of examination sheet, deposit details, copy of the register of automobiles, and written confirmation of repayment status;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 of the provisional payment order;

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