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(영문) 수원지방법원 안산지원 2013.12.10 2013고단1684
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 10, 2012, the Defendant, at the Southern-dong 108-1 (Amju) Southern-dong, Jung-gu, Seoul, concluded that the Defendant would pay KRW 14,700,000 to the staff in charge of the victim Hyundai Capital Co., Ltd. every month for 36 months, by lending KRW 14,70,000 to the staff in charge of the victim Hyundai Capital Co., Ltd.

However, in fact, while engaging in the wholesale business of agricultural and fishery products at the time, the Defendant did not have any specific property in the amount equivalent to KRW 40 million to KRW 50 million, and there was no intention or ability to pay the installment of the above vehicle every month, since the Defendant thought that the above vehicle was shipped out and received a certain amount due to the need to operate the wholesale business of agricultural and fishery products.

The Defendant had the victim company remit the amount of KRW 13,979,700 applied a discount for temporary payment from KRW 14,700,000 for the purchase price of the vehicle to the bank account of the State (C) in order to obtain the corresponding pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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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