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(영문) 인천지방법원 2015.01.28 2014고단7449
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 2, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the crime of indecent act by force at the Incheon District Court on the 30th of the same month.

The defendant and C offered to purchase a passenger car by borrowing a vehicle installment from the victim Hyundai Capital Co., Ltd. without the intent or ability to pay the loan.

On May 31, 2011, the Defendant and C purchased a low typology vehicle in the Hyundai Motor Flusium located in 6-5 Blusium, Eunpyeong-gu, Seoul, Seoul, in the name of the Defendant, and made a false statement to the effect that “The principal and interest of KRW 685,348 shall be repaid equally every month during the 36-month period for lending KRW 22 million to the victim.”

However, in fact, C did not operate a motor vehicle, but was thought to sell it immediately, and C did not have any particular import, and C did not have a monthly wage for the representative in the name of the Defendant. The Defendant did not receive any specific income or property at the time of receiving the loan, and the Defendant did not have any intent or ability to repay the loan even if he received the loan from the victim.

As a result, the defendant and C conspiredd with the victim, thereby deceiving the victim, and deceiving the victim by deceiving 22 million won as a loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect interrogation by the prosecution against the defendant or C (including the E part concerning the statement);

1. Statement of the police statement concerning F;

1. Application for loan, certificate of employment, details of deposit, statement of claim details, and certificate of automobile transfer;

1. Previous convictions in judgment: Criminal records and the application of statutes governing judgment;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of fines (including the reflection of facts, the scale of gains actually acquired, and the fact that there is no record of the same kind of crime);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Detention at a workhouse;

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