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(영문) 수원지방법원 안산지원 2017.03.23 2016고정1720
사기
Text

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

If the defendant does not pay the above fine, he shall be 100.

Reasons

Criminal facts

On November 16, 2015, the Defendant: (a) received loans in the amount of KRW 20 million, and purchased the C Orler vehicle from the Defendant to pay KRW 629,036,000,000,000, to the victim Hyundai Capital Co., Ltd. for 48 months each month at a f29,036 place in the upper room in the Gyeonggi-si, Gyeonggi-si.

However, at the time of fact, the defendant, as a recipient of basic living, did not have any intention or ability to repay the loan because of the lack of any import, and as well as the so-called "motor vehicle tin" which disposes of and commercialized the said motor vehicle.

On the same day, the Defendant borrowed 20 million won from the injured party and purchased the said car, and disposed of it to D on December 2, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complaint, examination slip, contract, and the ledger of motor vehicle registration;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against the crime of this case. The amount of profit from the crime of this case does not exceed the amount of profit, and the damage does not appear to be economically difficult, but the amount of fine determined by the summary order is excessive in light of equity with similar cases, etc.

subsection (b) of this section.

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