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(영문) 광주지방법원 2018.07.20 2018고정494
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

On May 31, 2017, the Defendant borrowed KRW 26.7 million from the Non-UNFCCC Capital Co., Ltd. on the condition of “the repayment of principal and interest for 4.9% per annum and 60 months per annum” of the damaged person in purchasing Category C rocketing car under the Defendant’s name.

However, even if the victim received a loan, there was no intention or ability to repay the principal and interest of the loan.

The Defendant, as such, by deceiving the victim, received KRW 26.7 million from the victim under the same day as the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. An application form for a motor vehicle finance, an agreement on debate, and a detailed report on credit of age (including the current status of arrears of other companies, etc.);

1. In light of the fact that the Defendant was granted a loan of KRW 4.37 million from the Gwangju Bank around May 18, 2017, and around June 9, 2017, and the Defendant’s financial status and occupation, etc., the statutory application is recognized that the Defendant had no intent or ability to repay the principal and interest of the loan even if he/she received the instant loan.

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

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