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(영문) 서울남부지방법원 2019.11.21 2019고단4780

사기등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. Around November 15, 2017, the Defendant entered into a loan agreement with the victim KK Co., Ltd. and the Defendant for the purpose of purchasing a vehicle in J 7, with the amount of money for purchasing a vehicle in J K7, with the amount of KRW 20,00,000 per annum 21.9% per annum, the installment period of KRW 48 months, and the amount of KRW 629,036 per month in equal installments of the principal and interest.

However, in fact, the defendant purchased a car with the above loan and thought that he would offer it as a collateral or sell it, and there was no intention or ability to repay even if he did not have any particular revenue or property at the time of the credit rating of 7-8.

Nevertheless, the defendant deceivings the victim company and receives 20,000,000 won from the victim company as a loan for automobile purchase.

2. On November 17, 2017, the Defendant granted a loan of KRW 8,00,000,000 to the victim company’s name and set up a collateral security right with a bond price of KRW 10,00,000 in the victim company’s name, under the condition that the victim company would pay the principal and interest of KRW 709,347 each month from the Seo-gu L Apartment-gu L Apartment-gu, Seoul Metropolitan City management office.

After that, on March 2018, the Defendant sold the said car to the person who was absent from his name and was unable to know his location, making it difficult for the Defendant to exercise the right to collateral security by making it difficult for him to exercise the right to collateral security.

Accordingly, the defendant concealed the car owned by the defendant and interfered with the victim's exercise of rights.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of theO or P;

1. Complaints of theO and details of transactions attached thereto, register of automobiles, and loan transaction agreement;

1. Written complaint and attachment agreement of the K Stock Company and the register of automobiles;

1. Investigation reports (including accompanying documents and accompanying materials of suspect real estate monthly rent contracts; hereinafter the same shall apply);

1. Transfer of the suspect’s vehicle to the investigation report;