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(영문) 대구지방법원 경주지원 2019.07.03 2019고정54
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around May 25, 2011, the Defendant agreed to obtain a loan from the victim D Co., Ltd. for a period of 36 months, by purchasing one motor vehicle in the mutual influoral used cars located in Daejeon U.S. B, and borrowing 6.5 million won from the victim D Co., Ltd.

However, in fact, the Defendant purchased the said car and transferred the said car to a person who has failed to pay five million won after transferring the said car, so even if he received a loan from the victim, the Defendant did not have an intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as such and received 6.5 million won of the installment loan from the victim.

2. Around May 30, 201, the Defendant entered into an agreement with the victim D Co., Ltd. to receive a loan for 13 million won and to repay a loan for 36 months, when purchasing a used car in the mutual influent used car in Eunpyeong-gu Seoul, Seoul, and a small-scale car in E.

However, in fact, the Defendant purchased the said car and transferred the said car to a person who has failed to pay five million won after transferring the said car, so even if he received a loan from the victim, the Defendant did not have an intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as such, was given KRW 13 million to the victim with a discount loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment to a motor vehicle register);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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