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(영문) 대구지방법원 2013.05.15 2013고정571
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant purchased a car under the name of the Defendant, and immediately delivered it to the broker with the name of the broker, and received 4 million won as money for gambling from the broker.

On March 6, 2012, the Defendant: (a) purchased one set of a set of learning passenger car in the multilateral side located in front of the Gangwon-do Jeongwon Islands; and (b) agreed to pay KRW 13,500,000 from the victim Hyundai Capital Co., Ltd. to receive a loan; and (c) drafted an application for a loan with the purport that “loan 13,500,000 won shall be repaid for 48 months each month for 316,430 won; and (d) submitted it to the victim via B, a seller of an abandoned automobile.”

However, the defendant did not intend to operate the car even if he purchased the car, so he was not a person subject to installment financing, and there was no intention or ability to pay installment without any certain occupation or income.

Accordingly, the Defendant, by deceiving the victim as above, had the victim pay 13,500,000 won for the automobile on the same day, thereby acquiring the same amount of pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes of installment payments, motor vehicle register and loan specifications;

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;

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