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(영문) 서울동부지방법원 2020.08.21 2020고정566
사기
Text

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

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

Reasons

Punishment of the crime

On October 26, 2016, the Defendant filed an application for a loan of KRW 4,90,000 with the victim E Co., Ltd. for a loan of KRW 4,90,000 per annum for 18 months from October 2016 to October 26, 2016, and drafted an application for a vehicle purchase fund loan with the purport that the Defendant would repay KRW 319,469 per annum for 20.9% per annum for 18 months from October 2016.

However, in fact, the defendant purchased a vehicle with a loan in a situation where it is economically difficult at the time, and there was no intention or ability to use the vehicle or to redeem the loan from the beginning.

Nevertheless, as above, the defendant deceivings employees in the name of the victim company and let the victim company deposit KRW 4,90,000 on the same day from C Affiliation Co., Ltd., and received the above new franchise XG vehicle at C Affiliation.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 4.9 million in the purchase price of the said new XG vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. A certified copy or abridged copy of the motor vehicle register;

1. An application for a middle or misleading debate;

1. Application of Acts and subordinate statutes concerning details of transactions;

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 (1) 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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