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(영문) 서울남부지방법원 2015.11.25 2015고단2187

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2015 Highest 2187] On May 30, 2013, the Defendant purchased Adi Q7 (C) vehicles from AiroFFF Co., Ltd. in Gangnam-gu Seoul Special Metropolitan City, 101-13 and B-326, and entered into an agreement on loans with the victim NHF Capital Co., Ltd. and 40,000,000, annual interest rate of 13%, and 40,000,000 won from the Defendant’s bank account in the name of the Defendant for the purchase price of the vehicle.

The Defendant did not have any capacity or intent to repay the loan even if he received the loan from the victim, since the status of operation of the corporation D, which was operated under the absence of any special property, has deteriorated due to the aggravation of the status of operation of the corporation D, and not only did the financial institution loan obligation amounting to KRW 300,000,000,000

As above, the Defendant deceivings the Victim NH Capital Co., Ltd., thereby defrauding KRW 40,000,000.

[2015 Highest 4175] On June 12, 2013, the Defendant agreed to pay KRW 92,520,396 for the total amount of KRW 92,520,396 for 36 months, and was in the position of a custodian who occupies a vehicle owned by the victim upon delivery of the vehicle owned by the victim in the Korea-si Seoul metropolitan area.

By September 2013, the Defendant embezzled by transferring the said car to F, a creditor of the Defendant, into payment in kind, around October 2013, when the Defendant paid KRW 9,590,00 and KRW 7,616,020 for three months, but did not pay the remainder of KRW 72,893,980.

Summary of Evidence

[2015 Highest 2187]

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Protocol of the police statement concerning G;

1. Details of credit information;

1. The defendant and his defense counsel shall serve the defendant at the time;