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(영문) 대구지방법원 2013.09.11 2013고정1284
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

On September 4, 2012, the Defendant: (a) lent KRW 18,500,000 to the employee of the Victim Hyundai Capital Capital Co., Ltd. for KRW 18,50,000 of the purchase price of a new rocketing car; and (b) fraudulently stated that the Defendant would pay in installments the principal and interest of KRW 764,228 per month during the 36-month period.

However, in fact, the Defendant did not have any particular property or income, and as soon as he purchased a vehicle, thought the so-called 'motor vehicle-to-be', which is used for the sale of the relevant motor vehicle and the sale proceeds, and thus there was no intention or ability to repay even if he borrowed money from the victim as the purchase

The Defendant, by deceiving the victim as above, received 18,500,000 won as the purchase price of the vehicle from the victim immediately, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. Complaint;

1. An application for heavy loan;

1. Application of the register of automobiles statutes

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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