The application for compensation order of this case shall be dismissed.

The Defendant is a person who has operated a used vehicle trading company in the name of “E” in the Hancheon-si D Motor Vehicle Trading Complex.

[2012 Highest 10180]

1. Fraud;

A. A. Around July 11, 2011, the Defendant’s fraud against the victimO made a false statement to the victimO “E” in the “E” trading company of the Defendant’s operation, stating, “A vehicle is purchased and sold in four names in order to purchase and sell an external motor vehicle at once. If so, the vehicle or installment financing will be handled cleanly and any damage will not be incurred.”

However, at the time, the defendant had no intention or ability to pay the vehicle installments normally even if he/she received the loan in the name of the victim because he/she did not properly operate the business such as used cars.

As above, the Defendant, by deceiving the victim as above, obtained the pecuniary benefits equivalent to the amount of 44,55,400 won in a way that he did not pay the remainder of five installments after borrowing KRW 49,90,00 from Hyundai Capital to 36 months in the name of the victim.

B. On September 201, 201, the criminal defendant against the victim P made a false statement to the victim P at the R Research Institute located in Q Q Q Q Q in Seocho-gu Seoul, stating that “If the Party transferred to another person the TPPW vehicle leased in the name of S (State) Dog Capital, it would have another person succeed to the lease fee.”

However, at the time, at the time, the defendant's financial right and corporate bonds interest, lease fees, installment payments, etc. were in need of provisional expenditure of KRW 30 million per month, and the defendant's intent or ability to succeed to the lease even if the vehicle is delivered from the victim because the business is not operated properly such as used cars.