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(영문) 인천지방법원 2016.05.02 2015고단766
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C On December 27, 2011, the Defendant requested C to lend a used car broker and the Defendant, and the Defendant applied for a loan of the vehicle purchase fund to C, “F” from the “F” located in the E Motor Vehicle Trading Complex located in Suwon-gu, Suwon-si, Suwon-si, to the Defendant in the name of the Defendant, while purchasing cubs in G in the name of the Defendant, to the person in charge of the Defendant’s modern cubsing operations.

However, at the time, the Defendant was actually in possession of cub vehicles and did not have the intent and ability to operate the cub vehicles, and even though I did not have the intent and ability to repay the above loan, C was aware of such circumstances, and C was to arrange the above cub vehicles and loans to the Defendant.

Nevertheless, the Defendant and C conspired to operate the above coo vehicle in fact, and, as such, by deceiving a person in charge of the work of the victim's modern capitalization (ju) as if he would actually repay the above loans, and by receiving 18.3 million won from the person in charge of the work of the victim's modern capitalization on the same day as a loan for the purchase of cars, they acquired it by deceiving.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Application of Acts and subordinate statutes concerning filing of complaint and loan documents;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal 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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