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(영문) 수원지방법원 안산지원 2017.09.20 2017고정470
사기
Text

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

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

Reasons

Punishment of the crime

On December 15, 201, the Defendant, in collusion with C, purchased one motor vehicle in the name of the Defendant in the food of 2006 in the name of the Defendant, and applied for a loan of KRW 17 million to the social service Korea of the Victim Alcia Co., Ltd. for a loan of KRW 17 million.

However, in fact, the Defendant and C did not have the intent or ability to repay the above loan principal, and even if purchasing the said vehicle with installment loan from the victimized company, it was thought that the Defendant and C immediately sold it to the so-called "large-type vehicle" without the intention to operate it.

In collusion with C, the Defendant, by deceiving the victim as such, received KRW 17 million from the damaged person for the same day as the installment loan for the vehicle on the same day.

Summary of Evidence

1. The defendant's statement at the fifth public trial date in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Registration Register, such as a written agreement on loans for purchasing secondhand motor vehicles;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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

1. The punishment as set out in the Disposition is determined by comprehensively taking into account the circumstances favorable to the fact that the defendant has no previous conviction or suspended sentence in excess of the same kind of criminal records, and there are no previous convictions or suspended sentence under Article 334(1) of the Criminal Procedure Act, and that the reason for the sentencing of Article 334(1) of the Criminal Procedure Act is heavy, that is disadvantageous to the defendant who has not been recovered from the damage, that

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