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(영문) 대구지방법원 경주지원 2015.02.12 2014고정266
사기
Text

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

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant made a false statement to the influor of the name and influor of Hyundai Capital, the victim, at the used vehicle selling company, the Hanpo-gu, Hanpo-gu, Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-si, the Defendant: “Influor of lending KRW 8,60,000,000 to purchase the purchased vehicle, 8,000,000,000,000,000,000 won as the right holder for the purchased vehicle; and the loans shall be repaid in 32,683 won each month from October 10 to 36 months in the form of equal repayment of principal and interest.”

However, the defendant thought that he would immediately sell the vehicle purchased and use cash even if he was given a loan as a vehicle purchase fund, so there was no intention to establish a mortgage on the vehicle purchased, and eventually there was no intention or ability to repay the loan.

The Defendant, by deceiving the victim as above, received 8,600,000 won under the name of loan from the victim to the account of Liberian Lease Co., Ltd. immediately.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

1. Statement to C by the police;

1. A complaint;

1. Copy of the written application for a heavy loan from modern capital;

1. Copy of a document establishing a right to collateral security;

1. Examination table;

1. Details of loans paid;

1. Application of each motor vehicle registration certificate and the register of motor vehicles statutes;

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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