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(영문) 인천지방법원 2017.07.20 2017고정1181
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 December 31, 2014, the Defendant made a false statement at the Songpa-gu Seoul Metropolitan Government Motor Vehicle C Agent, stating that “The Defendant would make installment payments for 36 months, on the face of a week, to allow the purchase of a vehicle using installment financing,” to the name and the needy person, who is an employee of Hyundai Capital Co., Ltd., Ltd.

However, even if the defendant purchases a motor vehicle with a true motor vehicle, he/she did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, committed an automobile installment contract, which was purchased from the Hyundai Capital Co., Ltd. with two parts of the principal of the 16 million won in total, and 36 months in installment, had the victim pay the purchase price of the said vehicle by subrogation, and did not pay the purchase price of the said vehicle, thereby obtaining property benefits equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a criminal investigation report (except for the case following a statement by a suspect A), investigation report (the motor vehicle registration ledger and attachment of B/L to damaged vehicles);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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