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(영문) 수원지방법원 2015.12.17 2015고정2617
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 25, 2013, the Defendant filed an application for installment financing theory as used cars on the condition that the Defendant set up a mortgage on the principal at the office at 10,50,000 won, annual interest rate of 27.3%, the loan period of 36 months, the repayment of principal and interest equal and interest equal and the purchase vehicle at the new company, which is one of the affiliates of the Victim Capital Co., Ltd., Ltd., 18, 101-12, in Seo-gu, Seo-gu, Gwangju.

However, in fact, the Defendant did not have the intent or ability to allow the victim to exercise the mortgage on the vehicle when the Defendant did not pay the loan, after hearing the words “to obtain the loan, as if he purchased a vehicle,” from the nameless winners who reported and contacted the Internet advertising to obtain the loan, and in accordance with the direction of the nameless winners, only applied for the installment financing of used cars and did not intend to purchase and operate the vehicle.

The Defendant had the victim deliver 10,500,000 won as a loan to the non-persons who have been under his name at that time, and received approximately KRW 2,800,000 out of the above money from the non-persons who have been under his name.

Accordingly, the defendant, in collusion with the person who has not received the above KRW 10,500,00, received the above KRW 10,500 by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of an agreement on installment financing of used cars; and

1. Automobile register;

1. 채권잔액 조회 사본, 스케쥴대비 입금현황 법령의 적용

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his mistake, the primary offender, and the criminal conciliation procedure of the prosecutor's office made an agreement on the repayment of damage with the victim, and the defendant has reached an agreement in good faith.

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