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(영문) 대전지방법원 서산지원 2017.08.24 2017고단370

사기등

Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

1. Around March 25, 2011, the fraud Defendant purchased BMF passenger cars (vehicle number C) from the Kashion Co., Ltd. (hereinafter “victim Co., Ltd.”), one of the victims (hereinafter “victim Co., Ltd.”) located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong 217, and applied for a loan of automobile purchase funds on the condition that the principal and interest is repaid in equal installments on the fifth day of each month by the employees of the said place of business through the said place of business.

However, after purchasing the above vehicle, the Defendant merely thought that he would sell the above vehicle and prepare cash for the said vehicle through a lender with no knowledge of his name. At the time, the Defendant did not have any specific occupation and did not have any special income and property. However, even if he received a loan from the victim company as a fund for purchasing the vehicle, the Defendant did not have the intent or ability to repay the loan.

Nevertheless, the defendant deceivings the victim company as above and acquired loans of 25 million won from the victim company.

2. The Defendant: (a) obtained a loan of funds to purchase the said vehicle at the time, date, time, and place as mentioned in paragraph (1); (b) set up a mortgage on the amount of KRW 25 million with the victim company as the mortgagee; and (c) subsequently, even though it did not repay all the loan principal and interest, the Defendant, at the end of April, 201, sold the said vehicle to the non-name lender at a place on the end of the end and prevented the victim company from recovering it.

Accordingly, the defendant concealed the above vehicle which was the object of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. The complaint for the Franchis Loan Co., Ltd.; and