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(영문) 부산지방법원 2013.06.27 2013고정1441
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 18, 2011, the Defendant made a false statement to the victim D in a used vehicle selling company located in Busan Metropolitan Government, stating, “In order to purchase a vehicle on one occasion because it is necessary to do so for the construction work,” the Defendant is aware of the installment for the vehicle to be purchased on one occasion instead of a bad credit holder, and the remaining profits after the construction are divided by half.”

However, even if the defendant purchased the vehicle in the name of the victim, he did not have the intention or ability to pay the installment in time.

After concluding an installment contract under which the Defendant had the victim pay KRW 467,736,00 per month to Hyundai Capital Co., Ltd. and Ebbter II in the name of the victim, the Defendant had the victim pay KRW 12,50,000 per month for three years, and had the victim receive the above vehicle from the above used vehicle dealer, and had the victim pay the above amount of KRW 12,50,000 in installments to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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