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(영문) 대구지방법원 2014.07.10 2014고정181
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 14:00 on June 25, 2013, the Defendant purchased one motor vehicle vehicle price of KRW 9,948,000 at the agency affiliated with the Abandoned Motor D, which was located in Young-gu, Young-gu, Young-gu, Gyeonggi-do, and decided to pay the vehicle price with a modern M3 card and pay the vehicle price in lump sum payment on July 25, 2013.

However, even if the defendant issued a card as above and paid the vehicle price, he thought that he provided the vehicle as security and received the loan, and he did not have any intention or ability to pay the settled card price.

The Defendant, as above, obtained a modern M3 card immediately from the employee of the Hyundai Card Company, who was the victim, and settled the vehicle price of KRW 9,948,00,00, and did not pay the above amount, thereby making profits from the property of the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning F;

1. A copy of a membership application;

1. Inquiries about the details of specific applications, inquiries about overall transaction of cards, and inquiries about the details of deposits on cards;

1. Application of a copy of business registration certificate;

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. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant only limited to G to a single person who would receive a loan, and there was no intention of deception.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: (i) the Defendant was aware that he would purchase the vehicle at the time of the purchase of the instant vehicle and receive a loan as security; and (ii) when the instant vehicle is delivered, the Defendant directly signed the vehicle with the said G and received the vehicle by entering into the said G agency and entering into a membership card, etc. with the said G, and (iii) the Defendant.

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