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(영문) 서울북부지방법원 2018.05.03 2018고정63
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 19, 2017, the Defendant was sentenced to a suspended sentence of two years in the month of imprisonment with prison labor for an altered official document executed by the Seoul Northern District Court on August 19, 201, and the said judgment became final and conclusive on June 9, 2017.

The Defendant, as well as public prosecution and other C, stated that he would pay the completion of the construction on December 2016, the Defendant would be able to purchase a company in the name of the Defendant by deceiving the company and borrowing the company from the money as security.

Defendant

On December 26, 2016, the E Center located in Nam-gu Incheon Metropolitan City D, purchased a high-class car with a loan of KRW 1,580,000 from the victim KB Capital Co., Ltd., with a loan of KRW 1,580,000 per month from the victim KB Capital Co., Ltd., and agreed to make a change of the above loan by KRW 586,379 per month with a 36-month installment, and the victim of the above vehicle was set up as a creditor.

However, in fact, the defendant et al. purchased a heavy vehicle due to the shortage of funds and thought to use it as a collateral, so even if he borrowed 15.8 million won from the injured party and purchased the above K7 car, he did not have the intention or ability to pay the installment properly.

In the end, the Defendant et al. conspiredd to deception the victim and received delivery of KRW 15.8 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to F;

1. Complaint;

1. Details of inquiries into an accused credit information;

1. Previous convictions in the holding: To search for a net case, each of the court rulings (2016 Height 4676, 2017No 237), to apply the Acts and subordinate statutes of inquiry about criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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