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(영문) 대전지방법원 2014.12.11 2014고정1836
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around April 16, 2013, the Defendant purchased B LAF used cars at the office of the victim IF Capital Co., Ltd. located in the Nam-gu Incheon Metropolitan City (187) around April 16, 2013. The Defendant: (a) prepared an application for “an application for “an application for “an application for “an application for “an application for “an application for “an application for “an application for “an application” with the annual interest rate of KRW 8 million to be paid for 317,650 each month; and (b) submitted it to the person in charge of the victim company;

However, at the time, the defendant did not have the intention or ability to pay the price even if he purchases a motor vehicle in such installment due to a poor business operation and there is no special property or income.

Nevertheless, the Defendant received the vehicle by deceiving the employees of the victim company and received the vehicle, and paid only KRW 1,014,825,000,000 including interest, and did not pay the remainder of KRW 7,535,544, and did not pay the remainder of KRW 7,535,544.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the application and agreement on the part of the issuer, the receipt of principal and interest, and the register of motor vehicle Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, there was a smooth agreement with the victim.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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