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(영문) 인천지방법원 2015.03.25 2014고단9296
사기
Text

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

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 25, 2012, the Defendant made a false statement to the victim Yangyang Life Insurance Co., Ltd., Ltd.’s employees in the car sales store located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “I would have to pay in full the installments of KRW 349,727 each month for the 36th month of the next 36 months, so that I can purchase a vehicle using the installment financing of the same life insurance.”

However, the defendant was in a bad credit position at the time, and even if he purchased an automobile with no certain property or income, he did not have the intention or ability to pay the installment.

As such, the Defendant, by deceiving the staff in charge of the victim, committed an automobile installment contract purchased at the expiration of 8.6 million won per unit with the victim, and at the expiration of 36 months from the installment period, caused the victim to pay 8.6 million won by subrogation for the passenger car price, thereby acquiring property benefits equivalent to the same amount as the Defendant did not pay the said price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and Article 347(1) of the Criminal Act of the choice of fines (Considering that the criminal intent is incomplete, that the criminal defendant consumess proceeds of crime or does not actually own such proceeds, and that

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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