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(영문) 의정부지방법원 고양지원 2016.11.30 2016고정904
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

When money needs to be paid due to the distribution of a dog operated by the Defendant, the Defendant thought that money was to be lent from financial companies by means of vehicle installment loans.

On February 23, 2011, the Defendant applied for installment loans to the damaged company by taking out a loan of KRW 25 million from the victim Han Capital Co., Ltd. as a vehicle installment and applying for installment loans to the damaged company as if he would purchase Ecoo car (C) normally.

However, in fact, the defendant received money from the damaged company in return for a loan on a vehicle, and immediately disposed of it, and there was no intention to purchase a vehicle normally by means of a vehicle installment loan.

The Defendant, as such, by deceiving the damaged company, obtained 25 million won as a loan for vehicle installment from the damaged company in the same place, and acquired it by fraud.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of Acts and subordinate statutes to a complaint (including attached documents), each investigation report (including evidence 6, 10, 16, and accompanying documents);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the choice of a sentence, the choice of a fine (the confession of the accused, the primary offender, the repayment of the amount of KRW 10 million by full consideration of all the other conditions for sentencing)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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