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(영문) 부산지방법원 2016.08.17 2016고정1836
사기
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On January 4, 2013, the Defendant: (a) prepared an application for installment financing of a motor vehicle with the purport that “on the face of a loan of KRW 17 million with the purchase fund of a non-us capital company, the principal and interest on the monthly principal and interest shall be repaid over 36 months in the equal manner in the principle of equal redemption in a manner of payment,” at a location where it is impossible to know the location below Busan; and (b) the victim applied for an installment loan of the purchase fund of a motor vehicle.

However, in fact, the defendant purchased the above vehicle, and either disposed of it or provided it as security, and did not have the intention to hold it, and did not have the ability to repay the loan without any certain occupation at the time.

As above, the defendant deceivings employees in charge of lending funds of the victim company, and acquired money of KRW 17 million from the victim to the Agricultural Cooperative Account under the name of the defendant for the purpose of financing the purchase of the motor vehicle on the same day.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to a petition for complaint and an application for debate on installment financing;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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