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(영문) 전주지방법원 2014.05.01 2014고단21
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 3, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court Ansan Branch on May 3, 2012, and the judgment became final and conclusive on August 20, 2012.

1. On February 14, 201, the Defendant, in collusion with C and D, obtained a loan of KRW 33,00,000 from the victim as a vehicle installment financing on the same day by deceiving employees in the name of Hyundai Capital Co., Ltd. by deceiving the victim under the name of Hyundai Capital Co., Ltd. and submitting a “application for vehicle installment financing” under the victim’s name as if he/she actually purchased a vehicle, in collusion with C and D, and was merely intended to offer or sell a vehicle as security without the intent to purchase and possess the vehicle, and did not have the intent or ability to repay the loan money according to the agreement.

2. Around February 22, 2011, the Defendant conspired with C and D, and at a new wishing agency at the Youngdong Branch located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, 150-12, the Defendant was granted a loan of KRW 16,300,000 on the same day from the victim, by deceiving his/her employees under the name and incompeting employees of the Defendant Hyundai Capital Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Documents, etc. for application for loan of modern Capital;

1. Investigation report (to attach data on arranging the details of automobiles actually shipped by export declaration case); and

1. Previous convictions: Application of inquiry reports and investigation reports (verification of latest rulings on suspects and the date of final release from the military court) shall be made;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and Articles 347 (1) and 30 of the Criminal Act;

1. Handling concurrent crimes ( between fraud and the first head on which a judgment becomes final and conclusive in each case), the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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