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(영문) 울산지방법원 2015.11.26 2015고정1290
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around August 30, 2010, the Defendant purchased a car for Mau-Tech under the name of the Defendant’s father at the “Yu-gu Seoul Metropolitan Government Branch” located in Ulsan-gu, Ulsan-gu, the Defendant concluded a loan contract on the condition that the Defendant would pay the principal and interest of KRW 386,358 each month from September 2010 to August 48, 2010 when receiving a loan of KRW 15.6 million from the Defendant’s sales employees D through consultation with the said branch’s father.

However, in fact, the Defendant had no particular income since the clothing store operated around that time had been in a state of enemy, and had no personal debt worth KRW 15 million, and thus there was no intention or ability to repay the money even if the Defendant borrowed the money from the victim.

The Defendant received KRW 15.6 million from the victim as a loan on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the police statement of E;

1. Investigation report ( telephone conversations with vehicle sellers and witness F);

1. Application of the complaint, application for loans for purchasing motor vehicles, and the register of motor vehicles statutes;

1. Relevant legal provisions concerning criminal facts, Article 347 (1) of the Criminal Act and the selection of fines;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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