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Reasons
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(영문) 전주지방법원 2014.02.20 2013고단2136
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

On July 24, 2012, the Defendant entered into an installment agreement with the purport that the Defendant would make a loan of KRW 18,90,000,000 to C, a sales employee of Hyundai Capital Capital Co., Ltd. to purchase the said Swiss car at KRW 2,524,00,000,000 as a part of the car at the time of Kimpo-si's long-term operation of Kimpo-si, and to pay KRW 591,82,000 per week for 36 months.

However, the defendant did not have any property under his/her name at the time and did not have any fixed income, and even if he/she received installment loans from the victim, he/she did not have any intention or ability to complete payment.

The Defendant, by deceiving the victim as such, purchased the said car with payment of KRW 18.9 million on the same day, and paid approximately KRW 1,191,448 as a repayment for the loan until September 2012, but did not pay the remainder of KRW 17,968,448, and did not pay an amount equivalent to the remainder of KRW 17,968,448.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to the head of a complaint, an application form for installment of a motor vehicle, the motor vehicle register, a claim list, an inquiry into the repayment order, an examination table, a family relation certificate, and details

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment, and Article 347(1) of the Criminal Act, the choice of a fine (only when there are circumstances favorable to the defendant, such as: (a) the confession of the crime of this case and the Defendant reflects the mistake in depth while making a confession; (b) the amount of defraudation is not a relatively high amount; (c) there are circumstances that may be somewhat different factors in the course of the

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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