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(영문) 대전지방법원 2011.10.27 2011고정1061
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 1, 2010, the Defendant concluded on February 1, 2010, that the Defendant was in office as an employee of the victim Hyundai Capital Co., Ltd. at the restaurant “C”, and that the Defendant would normally pay monthly installments every week by securing KRW 10,500,000 from the purchase fund for the car.

However, the defendant purchased the car and planned to use it as business fund by acquiring bonds as security, and there was no intention or ability to pay the installments normally.

As such, the Defendant deceptioned the employees of the victim, entered into a loan agreement with the above employees, and received KRW 10.5 million from the victim for the purpose of the loan.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. Application of the agreement on loan application for secondhand car purchase fund, certificate of automobile transfer, copy of passbook, and register of automobiles: and

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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