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(영문) 수원지방법원 2014.11.27 2014고정2563
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

In order to purchase a new vehicle, the Defendant did not have any intention or ability to repay even if he/she received a loan from the Hyundai Capital Co., Ltd.

Nevertheless, on July 23, 2013, at the Hyundai Motor C branch in Nam-gu Incheon Metropolitan City, the loan-related documents will be lent KRW 1.5 million in the process of new purchase, and the loan-related documents will be repaid in installments every 303,429 won for 60 months for each week. The loan-related documents will be submitted to the business members of the victim and the trusted money was obtained from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement made to D and E;

1. A complaint;

1. The application of the consultation slip, application form for discount of modern capital, copy of the register of automobiles, details of deposits, and the Acts and subordinate statutes of the list of claims;

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. In light of the following circumstances acknowledged by the record of this case as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act, i.e., the defendant did not have any special property or revenue at the time of this case, the vehicle was sold immediately after purchasing the vehicle with the loan from the victim as stated in the judgment of the defendant, and the defendant did not pay the installment at all after paying the first installment, it is reasonable to deem that he acquired money from the victim as stated in the judgment of the defendant.

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