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(영문) 인천지방법원 부천지원 2014.07.18 2014고정351
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 14:00 on September 16, 2010, the Defendant filed an application for installment financing with the victim (the victim) W, and made and submitted a document on the establishment of mortgage, etc. at the C agency located in the Namyang-si, Seoul.

However, even if the defendant purchased the vehicle with the loan from the victim, he did not have the intention or ability to hold the actual vehicle under the plan to export the vehicle to Vietnam immediately, or to establish the able mortgage for the victim, and there was no intention or ability to repay the installment loan.

The defendant had the victim pay 2,8530,000 won as the purchase price of the motor vehicle on the same day to the above Cagency's account D, thereby causing property damage to the victim and acquiring property profits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes requesting administrative dispositions (ex officio cancellation of registration of automobiles) against the principal offenders of the new illegal export fraud organization, a copy of the records of major cases, and requests for administrative dispositions against overseas export automobiles;

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 (1) 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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