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(영문) 서울북부지방법원 2016.06.23 2016고정1072
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

Since 2012, the Defendant, who is engaged in the retail business of LP gas sales since 2012, experienced many difficulties in the business due to the supply of urban gas from around B, 2014, and the gas sales alone, experienced economic difficulties that make it difficult to pay interest of 7.5 million won per month. Therefore, even if the Defendant borrowed vehicle purchase funds from the modern capital of the victim, there was no intention or ability to repay the funds.

Nevertheless, on December 22, 2014, the Defendant was given a loan of KRW 21,60,000,000, which is insufficient for the purchase of KRW 27,185,492 at the 1st market price of LF Soon-a-car in the city of Suwon-gu, Busan on December 22, 2014 from the damaged party as a condition for installment repayment for 36 months, and the Defendant was given a written agreement for installment financing loans with the person who was in charge of lending the above company’s name as if he would have repaid the loan normally to the person who was in default of the company’s name. At that time, the Defendant was given a loan of KRW 21,60,000 from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. Application of loan terms and conditions, motor vehicle registration ledger, and deposit details statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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