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(영문) 의정부지방법원 2015.05.21 2015고정464
사기
Text

1. The defendant shall be punished by a fine of eight million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

In fact, even if the Defendant received a loan as a fund for the purchase of a secondhand vehicle, the Defendant did not have any intent and ability to repay the loan immediately after the purchase of the secondhand vehicle. However, on August 10, 2012, the Defendant did not have any risk of obstructing the exercise of the mortgagee’s rights by continuously holding the secondhand vehicle purchased from the Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 414-6 (State) Libera, and acquired it by borrowing KRW 24.7 million from the victim HK Mutual Savings Bank by requesting for a loan for the purchase of the vehicle as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the register of automobiles statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the method of crime, attitude (a planned crime), the number of damage amount (a total of KRW 4.4 million) and the circumstances after the crime, etc.

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