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(영문) 부산지방법원 2018.01.24 2017고정2332
사기
Text

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

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

Reasons

Punishment of the crime

On August 11, 2016, the Defendant entered into a contract with the “C” used vehicle sales store located in Kimhae-si B to transfer the name of DSpo-type car, and applied for a loan of KRW 18 million to the Defendant Hyundai Capital Co., Ltd. through his/her nameless employees, as if he/she could normally repay the loan.

However, the defendant did not have the ability to repay even if he was given a loan from the injured party at the time.

After all, the defendant received 18 million won from the victim of the same day as the purchase price of the vehicle and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each police investigation report (verification of suspect credit information, etc. and telephone investigation);

1. Application of Acts and subordinate statutes to personal credit information, accusation (related documents of a loan contract, motor vehicle registration certificate, motor vehicle registration ledger, loan ledger, and other related documents, such as loan ledger, short-term overdue interest, loan information of the Federation of Banks and information on arrears);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant is the primary offender; (b) the circumstances leading up to the instant crime; and (c) the Defendant’s age, sexual conduct, environment; (d) motive, means and consequence of the crime; and (e) the circumstances constituting conditions for sentencing, such as the circumstances after the crime, shall be mitigated than the summary order.

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