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(영문) 서울중앙지방법원 2016.11.28 2015고단6240
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant: (a) around February 5, 2015, at the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, B and B03, and (b) purchased a heavy car with the transfer of the vehicle to C, a company selling the vehicle, and (c) made a purchase through the installment loan as if the purchase would be faithfully paid the purchase price; (b) stated in the written agreement on installment and the agreement on debate that the Defendant applied for the installment loan of the victim non-Ni Capital Co., Ltd. with the market price of KRW 9,900,000 as security, and submitted the application for the loan to the Seoul branch office of the said victim company.

However, in fact, even if the defendant purchased a heavy vehicle through a second installment loan, he was thought to sell it immediately, and there was no certain income at the time, so even if he received a second installment loan, he did not have an intention or ability to repay the price.

As above, the Defendant, by deceiving a person in charge with whom the name of the victim company could not be identified, had the said person in charge pay KRW 9,900,000 from the victim company for the same day to C under the name of installment loans, thereby acquiring pecuniary benefits equivalent to the above amount by purchasing the said rocketing car.

Summary of Evidence

1. Two-time protocol of examination of the accused on behalf of the prosecutor;

1. Each E and D statement among the first protocol of interrogation of the accused as the prosecutor acting on behalf of the defendant

1. Statement of statement made by the police against F ( Vienna Capital Stock Company);

1. A complaint;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of penalty against a crime (the selection of fine: Initial crime, and the fact that there is no substantial economic benefit gained by a defendant);

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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