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(영문) 대구지방법원 2014.01.24 2013고정1744
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 17, 2012, the Defendant purchased the said vehicle from Hyundai Capital Co., Ltd., Ltd. with a vehicle purchase fund loan of KRW 16.7 million in the absence of intent or ability to repay, even in the case of an installment loan of the vehicle purchase fund. The Defendant purchased the said vehicle from the victim Hyundai Capital Co., Ltd., by using the vehicle purchase fund loan of KRW 16.7 million in the market price.

The Defendant, by deceiving the victim as above, received KRW 14 million from the victim to pay KRW 1,335,441 to the victim for installment loans to purchase motor vehicles, and acquired financial benefits by not paying KRW 13,255,513 to the remainder of the principal and interest of the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. An application for loan;

1. A list of requests;

1. Application of Acts and subordinate statutes on deposit;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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