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(영문) 제주지방법원 2020.12.23 2020고정314
사기
Text

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

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

Reasons

Punishment of the crime

On August 12, 2014, the Defendant: (a) agreed to purchase one unit of DM3 car in the market price of KRW 16,976,00 at the Do Government Branch in the Dong Government-si in Gyeonggi-si; and (b) to obtain a loan from the victim E Co., Ltd. for the purchase price of the said car; (c) agreed to obtain a loan from the victim E Co., Ltd.; (d) the Defendant paid the damaged company the loan amounting to KRW 15,200,000, the deferred principal of KRW 7,50,500, the deferred principal of KRW 7,500,000, the deferred principal of KRW 226,247, the installment payment of KRW 48,00, and the annual interest rate of KRW 6.9,00; and (d) agreed to set up a collateral security on the said vehicle’s loan amounting to KRW 7,60,000,000 until the Defendant repaid the loan, and repaid the principal normally after the grace period for 48 months.

However, at the time of fact, the Defendant did not have any ability to immediately pay all expenses related to the advance and the registration of vehicles to purchase the above vehicle, and even if he purchased the above vehicle in installments, he did not have any intent or ability to pay the loan normally while he actually owns and manages the above vehicle until he pays the loan.

Nevertheless, the Defendant, by deceiving the damaged company as above, had the victimized company pay the 15,200,000 won of the purchase price for the above SM3 car on the same day, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made by the police of the F;

1. Each statement of G and H;

1. Application of investigation report (Attachment of Results of a credit information reply of a suspect), complaint, written agreement of installment financing, deposit status in preparation for redemption, and the register of automobiles statutes;

1. Criminal facts;

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