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(영문) 대구지방법원 서부지원 2013.03.15 2012고정1821
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 December 21, 2010, the Defendant purchased two high-priced vehicles at the Modong-gu 45-38 Modong-dong 45-38, and made a false statement that “The Defendant would pay 626,267 won per vehicle in the equal payment method for the principal and interest for 36 months, for the loans of KRW 40 million, adding 20 million per vehicle to 1 to 20 million to the employees in charge of the business operation of the Momoth Capital Co., Ltd.

However, the defendant did not have the intention or ability to pay the installment even if he purchased an automobile in installments.

As such, the Defendant, by deceiving the victim, committed an automobile installment contract that purchases two parts of each of the two parts of the vehicle under consideration with the victim, for the period of installment 36 months, and had the victim pay 40 million won for the purchase price of the vehicle under consideration, and acquired the pecuniary benefits equivalent to the same amount in a way that the victim pays 63,698,482 won for the purchase price of the vehicle under consideration, and does not pay 33,000 won for the remainder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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;

1. proviso to Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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