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(영문) 수원지방법원 안양지원 2016.09.20 2016고정280
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 2014, the Defendant may not obtain a loan from the victim C, who is a dynamic to a private village at the home of the Defendant located in Yangcheon-gu, Yangcheon-gu, by posting a phone to the victim C.

The fourth name of the vehicle can be used to purchase the vehicle with the loan, and the transfer of the name will be done within one month, and the installment will not cause absolute damage by resolving the whole amount of the vehicle.

“.....”

However, in fact, the defendant did not have the ability to pay the installment of the vehicle, and the defendant was to receive the revenue for the secured loan from D, a middle and high-ranking businessman.

On November 21, 2014, the Defendant had the victim purchase the EM5 vehicle by borrowing KRW 14,40,000 from the Hyundai Capital Capital on November 21, 2014, and then received the payment and did not return the vehicle, thereby causing property damage equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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