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(영문) 인천지방법원 2020.08.12 2020고정739
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who purchased a Bmw vehicle (hereinafter “instant vehicle”), and the victim C Co., Ltd. is a lending company that incurred a loan by taking the instant vehicle as security.

The Defendant purchased and disposed of a vehicle to D with D for the purpose of self-financial services, which is not for vehicle operation, and used for cumulative personal debt repayment.

On November 30, 2018, the Defendant made a false statement to the person in charge of loans from the victim company by telephone, stating that “The principal amount of KRW 15,000,000 is required to purchase the instant vehicle, and the agreed interest rate of KRW 15.9% is 424,340 per month installments every 48 months.”

However, the defendant, not for the purpose of operation of the above vehicle, was willing to dispose of the above vehicle immediately and prepare a wood to use it as repayment of personal debt, and there was no intention or ability to repay the above loan due to the existence of excessive debt.

As above, the Defendant, by deceiving the victim, received KRW 15,00,000 from the victim to the single bank account (H) in the name of G designated by the Defendant for the purchase of vehicles from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the police interrogation protocol against the defendant

1. A written complaint filed by the police against I;

1. Loan contract, deposit status, register of automobiles, Incheon District Court ruling;

1. Application of Acts and subordinate statutes to investigative reports (a letter of remittance of the amount of damage);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Such circumstances are acknowledged as follows: (a) efforts are made against I to return vehicles to the company that has caused the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) appears to have failed to gain profits from the crime; (c) there are economically and economically difficult family members to support; and (d) there are no criminal records of the same kind.

(b).

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