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(영문) 대구지방법원 2016.11.23 2016고정1818
사기
Text

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

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

Reasons

Punishment of the crime

On February 28, 2008, the Defendant concluded a installment financing contract with the victim Han Capital Co., Ltd. while purchasing the coos vehicle B at the Daegu Airport Parking Lot located in Daegu-gu, Daegu-gu, and concluded a false statement that “The Defendant would pay the 27,038,340 won in total by 752,470 won per month on the basis of the equal principal and interest rate of 20.9% per month for the vehicle price of KRW 20 million.”

However, in fact, the defendant did not have any particular income at the time and purchased the vehicle at the installment, and then sold it and planned to prepare cash, so that he did not have the intention or ability to pay the installment to the victim.

As such, the Defendant, by deceiving the victim, entered into an installment financing contract with the victim, and obtained a vehicle payment of KRW 27,038,340 from the victim and acquired a vehicle payment of KRW 27,038,340.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the mid-term installment financing agreement, notification of assignment of claims and the register of automobiles statutes;

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

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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