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(영문) 수원지방법원 여주지원 2017.05.10 2017고단182

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2015, the Defendant purchased a motor vehicle with installment loans from a capital company after purchasing the motor vehicle, and immediately disposes of the motor vehicle with a board car, etc., in order to prepare and use a living expense.

1. On July 16, 2015, the Defendant purchased CYF rocketing car at the location north of the Hyundai Motor Vehicle located in the Dobong-ro 225, Gangnam-gu, Seoul, and applied for a contract for a vehicle purchase loan on the condition of “the establishment of a collateral security right against the Defendant’s Hyundai Motor Vehicle Co., Ltd. to the employees in charge of the name and incompeting of the victim’s Hyundai Capital Co., Ltd.” (hereinafter “AF 18,200,000,0000 won, 661,631 won per month between 36 months, interest rate, 17% per month, and the said YF rocketing car.”

However, in fact, when the defendant purchased a car with a loan from the victim Hyundai Capital Co., Ltd., he thought that he would immediately dispose of the car as a substitute car, etc., and there was no other property, so there was no intention or ability to repay the loan normally to the victim company.

As such, the Defendant, by deceiving the victim Hyundai Capital Co., Ltd., obtained a loan of an amount equivalent to KRW 18.2 million from the victim Hyundai Capital Co., Ltd., and purchased the said YF La car, thereby acquiring pecuniary benefits equivalent to the said amount.

2. On August 26, 2015, the Defendant filed an application for a loan agreement for automobile purchase on the condition that “the establishment of a collateral security right against the victim KB Capital Co., Ltd.” with the victim’s KB Capital Co., Ltd. on the second floor of the vehicle market in Seongdong-gu Seoul, Seoul, on the condition that “the establishment of a collateral security right against the victim KB Capital Co., Ltd.” is “the amount of loans KRW 10 million, KRW 309,119 per month between 48 months, KRW 20.9% per month, interest rate, and KRW 20.9% per month between 48 months.”

However, it is true that the defendant purchases a passenger car with a loan from the victim KB Capital Co., Ltd.