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(영문) 수원지방법원 2018.08.08 2017고단8585
사기
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

The Defendant did not reach KRW 100 million and did not have any intent or ability to repay the debt, even if the Defendant received a loan, as the bad credit standing of the lower level of the credit rating of the financial institution, and was planned to sell the vehicle immediately and use the fund and to repay the debt.

Nevertheless, on November 15, 2016, the Defendant purchased one of the E QM3 passenger cars from D agencies located in Suwon-si, Suwon-si, Suwon-si, and paid KRW 22,60,000 to employees in charge of lending social service Korea Co., Ltd. on the ground of internal female F, “2,60,000 won loaned to purchase automobiles at the interest rate of 2.5% on the principal, 24% on the overdue interest rate, and 652,267 won on the basis of equal division of principal and interest for 36 months.

“Along with the purport that it would be false, and the said F would enter into an installment financing agreement under the name of said F.

The Defendant had the victim pay KRW 22,60,000 to Samsung Samsung under the pretext of a loan for the purchase of the said car.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Complaint;

1. An installment financing agreement;

1. Current status of deposits in preparation for repayment;

1. Investigation report (a statement of an employee of a company who has entered into an installment agreement);

1. A report on investigation;

1. Application of Acts and subordinate statutes to the investigation report (as to the suspect A credit information);

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

1. Reasons for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the scope of statutory penalty): Imprisonment with prison labor for not more than ten years or a fine not exceeding twenty million won (determination of sentence) under the following circumstances: the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime are committed.

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