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(영문) 창원지방법원 통영지원 2019.07.11 2018고단868

사기

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On January 25, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for fraud in the Changwon District Court’s territorial branch. The said judgment is the same year.

2.2. Finality was established.

【Criminal Facts】

1. B rocketing vehicles-related fraud Defendant entered into a contract with C agency located in Territorial on August 27, 2015 under which the victim D Co., Ltd. would receive a loan to purchase the said car at the time of purchasing the B rocketing car, and agreed to pay KRW 665,380 per month for 36 months.

However, in fact, in the situation where the living expenses at the time fall short, the defendant purchased the vehicle from the beginning as a installment purchase, and provided it as a double collateral, and did not intend to purchase and hold the vehicle, and did not have any other intent or ability to repay the above installment loan without any specific property.

As above, the defendant deceivings employees of the victim company, and took over KRW 21,90,00 as the purchase price for passenger cars on the same day from the victim.

2. On October 20, 2015, the Defendant entered into a contract with the victim G Co., Ltd. to obtain a loan of the purchase price for the said vehicle at the Defendant’s residence located in the Tong-si F around 2015 and agreed to pay the monthly installment of KRW 73,950 for 60 months.

However, in fact, in the situation where the living expenses at the time fall short, the defendant purchased the vehicle from the beginning as a installment purchase, and provided it as a double collateral, and did not intend to purchase and hold the vehicle, and did not have any other intent or ability to repay the above installment loan without any specific property.

As above, the defendant deceivings employees of the victim company, and then loans KRW 36,300,00 from the victim for the purchase price for automobiles on the same day.