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(영문) 대구지방법원 서부지원 2015.02.04 2014고정1146
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On October 1, 2013, the Defendant expressed to the effect that “NF rocketing E will be purchased at a 36-month rate,” a business employee D, at an automobile trading center, “A stock company C,” which is located in Jinnam-si, and that “D will purchase NF rocketing E at a 36-month rate.”

However, the facts are that the defendant used F and G to use the above part of the vehicle, received 1.2 million won in return, and there was no intention or ability to pay installments in accordance with the above installment contract.

As such, the Defendant, by deceiving the above D, had Hyundai Capital Co., Ltd., a victim, set up a collateral security for KRW 5.3 million out of the vehicle price, and made loans to KRW 10.6 million, and received a franchise from D.

Accordingly, the defendant deceivings the victim Hyundai Capital Co., Ltd., and acquired property benefits equivalent to KRW 10.6 million from the victim.

2. When purchasing the said rocketing E at the time and place set forth in paragraph (1), the Defendant agreed to obtain a loan of KRW 10.6 million from the victim Hyundai Capital, and agreed to repay the loan to the obligee at a 36-month rate, and set up a collateral security against the said vehicle as the obligee, and the Defendant as the obligor, with the maximum debt amount of KRW 5.3 million.

Nevertheless, the Defendant: (a) delivered the said vehicle to F and G so that it can be distributed in large lanes; and (b) concealed the location of the said vehicle, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement of witness H;

1. A copy of the relevant data, such as the secondhand examination table;

1. Application of Acts and subordinate statutes of a report on investigation (E register of automobiles);

1. Relevant Article 347(1) and Article 30 of the Criminal Act, Articles 323 and 30 of the Criminal Act, the choice of a fine for a crime, the choice of a fine for the crime

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Detention at a workhouse;

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