logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.08.21 2013고정641
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.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant purchased 'C' at the YF gyna vehicle at the 'YF gyna vehicle shop located in Suwon-si, Suwon-si, 154, and concluded a loan agreement on 23,400,000 won per month with the interest rate of 6.8% for 48 months from February 22, 2012 to February 22, 2016, on condition that 558,174 won per month shall be repaid in equal installments of principal and interest.

However, the defendant purchases vehicles from the victim.

Even if it is intended to dispose of the vehicle on the same day, there is no intention or ability to operate the vehicle or to repay the loan.

As such, the Defendant, by deceiving the victim, obtained a loan of KRW 23,400,00 from the victim on February 22, 2012, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. The application of the provisions of Acts and subordinate statutes of the account transaction details, copies of examination marks, copies of the application for a motor vehicle withdrawal by Hyundai Capital, terms and conditions of loan by the motor vehicle withdrawal by Hyundai Capital, and the provisions of the Acts and subordinate statutes of the

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion argues that the Defendant was operating a raw water sales agency at the time of the instant loan, and that the Defendant was unable to pay installments because of the occurrence of the sudden handballs, etc. around June 2012 when paying installments for the three-time minutes, and that the Defendant did not have the intent to commit fraud.

2. The following circumstances acknowledged by the evidence of the judgment, i.e., the Defendant purchased the instant vehicle around February 22, 2012, and received a loan of KRW 23,400,00 from the victim, and at the time of receiving the loan.

arrow