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(영문) 전주지방법원 2015.11.18 2015고단1566
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Jeonju District Court, and the said judgment became final and conclusive on July 11, 2015.

On November 25, 2013, the Defendant: (a) prepared a letter of agreement on used cars installment financing with a loan of KRW 15 million from a stock company; (b) interest rate of KRW 19.9% per annum; (c) period of installment 48 months; and (d) monthly installments of KRW 455,650; and (c) agreed to receive a loan of KRW 15 million from a single capital stock company.

However, at that time, the Defendant was unable to pay the loan due to the economic circumstances, and even though there was no intent or ability to pay the loan, the Defendant borrowed KRW 15 million from the victim and purchased the B windows-car quantity, and decided to use this vehicle as a daily cost by receiving money from the D lending company as a collateral.

Nevertheless, the Defendant borrowed 15 million won as the name of the used vehicle purchase fund from the victim as above.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A contract for installment financing, registration certificate, motor vehicle register, motor vehicle register (A), motor vehicle register (B), loan transaction contract (D), notification (D), and transfer and takeover contract (D);

1. Previous records of judgment: Application of Acts and subordinate statutes to defendants' legal statements, criminal records, etc. inquiry reports (A), investigation reports (a copy of judgment attached);

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

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his mistake while the defendant was committing the instant crime, and the defendant.

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