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(영문) 인천지방법원 2013.04.04 2012고단10484

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant paid 60 million won to the automobile industry company's debt, and since the defendant's wife paid 200 million won to the hospital's wife as the hospital's debt was paid to the defendant's wife, it was a situation in which the defendant paid 200 million won interest on bonds in the amount of 200 million won every month.

Therefore, the Defendant: (a) purchased a vehicle in the installment and immediately sold the vehicle to raise funds; (b) delivered documents, such as a certificate of seal impression necessary for the transfer of the vehicle name, to D before purchasing the vehicle number CK5 vehicle on September 27, 2011; and (c) decided to immediately sell the said vehicle to E with KRW 19,000,000 as a result of delivery of the said vehicle from an infant vehicle and to make a new registration. Therefore, even if the Defendant received an installment loan from the Hyundai Capital Co., Ltd., the victim, there was no intent or ability to pay the installment and make repayment.

Nevertheless, around September 28, 201, the Defendant applied for a loan of KRW 26,700,000 to Hyundai Capital for a loan of KRW 26,70,000 on the condition that the Defendant would pay KRW 549,080 per month from October 25, 201 to September 25, 201 through a business employee whose name is unknown when purchasing one motor vehicle for the said motor vehicle in the Nam-gu Incheon Metropolitan City F.

The Defendant had the victim approved the loan and paid a considerable amount of the loan to a arche vehicle, and failed to repay it, thereby making the victim take property profits worth KRW 26,70,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G and E’s respective legal statements, and witness D’s partial legal statements;

1. Protocol of the police statement concerning G;

1. The register of automobiles, details of deposits and requests, and certificate of automobile transfer;

1. Each investigation report appears to have difficulty in the Defendant’s economic situation at the time of purchase of the above vehicle, and the Defendant’s appeal that at the time the vehicle was intended to be offered for commuting to and from work of D in such economic situation is not easily understandable.