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(영문) 의정부지방법원 2017.09.05 2017고정202
사기
Text

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

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

Reasons

Punishment of the crime

On August 22, 2014, the Defendant purchased a first floor modern vehicle (ju) agent of Songpa-gu Seoul Metropolitan Government B B building with D new type of car at the agency, the Defendant agreed to pay KRW 524,995 on the 25th day of each month at the interest rate of 7.5% per annum for 60 months from the victim Hyundai Capital Co., Ltd. to pay KRW 26,200,000.

However, even if the defendant received a loan from the injured party, he only sold the vehicle purchased and purchased the vehicle for the purpose of lending cash, and there was no intention or ability to repay it normally.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 26,200,000 on the same day by the victim.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. A copy of the written complaint, the written application for a new post of modern Capital, a copy of passbook, a criminal investigation report (a copy of written opinion, a copy of the suspect examination report), and a copy of the written application for the examination of suspects prepared by the police against E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case, which acquired funds from a vehicle for the purpose of lending cash by selling a vehicle purchased by the defendant, is not less than the nature of the crime in light of the content and method of the crime, and the damage amount to the crime of this case is the maximum amount of 26.2 million won, and the victim did not have reached an agreement or complete recovery of damage up to the present day, there has been a record of punishment several times due to the crime of this kind, balance of general punishment in the same and similar cases, and the defendant's age, sex, intelligence and environment as shown in the argument of this case, and the motive and background of the crime of this case.

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