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(영문) 서울중앙지방법원 2015.03.18 2015고정171
사기
Text

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

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

Reasons

Punishment of the crime

Since there is a need for living expenses such as hospital expenses, the Defendant received a proposal from the name frankings (one name B and C) who engage in the work to obtain money through installment loans in the name of the purchase price for automobiles by including homeless persons such as the Defendant at around that time, and tried to visit the installment loan company together with them to obtain the loan by taking into account as if they receive a loan for the purchase price for automobiles normally.

Around August 8, 2011, the Defendant conspired with two persons in distressed name, and the above B and C opened up the office of the victim Aju Capital Co., Ltd., which is located in the Gyeonggi-si in Gyeonggi-si. Around August 8, 201, the Defendant applied for a loan to the victim with a view to “an equal repayment of principal and interest of the loan principal of KRW 11 million, interest rate of KRW 27.9% per annum, and 36 months per annum.” The Defendant prepared a written application and written agreement for a redemption statement in the above office to the effect that “an equal repayment of principal and interest of the loan principal of KRW 11 million, interest rate of KRW 27.9% per annum,” along with the loan documents provided by the person in distressed name, submitted to the employee in charge of the loan to the victim and

However, the Defendant did not have any intention or ability to repay the said money even if he did not have any property with no certain income, such as living at the time of old age.

The Defendant received a loan from the victim in such a way as to make the said loan of KRW 10 million to the instant automobile sales broker on the same day.

Accordingly, the defendant was given property by deceiving the victim in collusion with the false statement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to the flusium flusium agreement;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

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