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(영문) 수원지방법원 안양지원 2014.02.05 2013고단130

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 130]

1. Around September 6, 2011, the Defendant entered into a contract for an automobile installment loan with the victim Hyundai Capital Co., Ltd. and employees in charge of Hyundai Capital Co., Ltd. to the effect that “The Defendant will pay KRW 17 million,000,000,000,000 each month for the loan of KRW 544,00 per month for the loan of KRW 36 months.”

However, at the time, the Defendant was liable for 8.2 million won, while there was no certain property or income, and even if the Defendant borrowed the installment from the victim company as a collateral and was planned to use the loan, the Defendant did not have the intention or ability to pay the installment properly.

Nevertheless, the Defendant, by deceiving the staff in charge of the victim company as above, had the victim company pay the 17 million won to the above D and did not pay the 17 million won to the victim company, thereby acquiring the same pecuniary profit.

[2013 Highest 1694]

2. Around 03:00 on November 20, 2013, the Defendant ordered alcohol and alcohol as if the Defendant would normally pay the drinking value to the H entertainment tavern operated by the victim G in the first floor underground of Geumcheon-gu Seoul Metropolitan Government FF to the I working for the head of the office.

However, the defendant was only 10,000 won in cash, and there was no intention or ability to pay the normal drinking value because he did not possess a credit card, etc.

The Defendant, by deceiving I as above, ordered 90,000 won in total, including 90,000 won of beer and 3,000 won of beer and beer, for about nine hours from I to 1:50,000 on the same day, and did not pay the price to be paid.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to J police officers;

1. A written statement prepared in the I;

1. Examination table, loan contract of Hyundai Capital Company, receipt;