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(영문) 서울중앙지방법원 2015.02.02 2014고정5760
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

The Defendant agreed to receive a loan from the victim Hyundai Capital Co., Ltd. to pay the principal and interest each month in installments.

On March 14, 2013, the Defendant purchased a mother automobile C at the known car C branch located in Yeongdeungpo-gu Seoul Metropolitan Government, and was loaned KRW 40 million on the condition that the Defendant paid the principal and interest of KRW 1,233 and KRW 256 each month from April 3, 2013 to April 3, 2016.

However, the defendant had no intention or ability to repay the loan from the beginning.

Nevertheless, the defendant obtained a loan from the victim and acquired the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of loan, written agreement, individual terms and conditions of loan products, details of deposit, statement of demand, vehicle register, certificate of personal seal impression, details of registration of bank federation, and register of corporate register;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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