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(영문) 전주지방법원 군산지원 2017.03.15 2016고단1388

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On September 24, 2012, the Defendant: (a) purchased one motor vehicle in the mutual influorial motor vehicle trading company located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do; and (b) entered into a contract with the victim Aju Capital Co., Ltd. and the contract with the victim for each month for every 36 months from October 20, 2012, as if the Defendant were to pay the installment payments agreed on every month.

However, in fact, even if the Defendant did not have monthly income at the time, and received a installment loan equivalent to KRW 5,400,000, the Defendant did not have the intent or ability to pay the installment. In fact, the said car was sold immediately after the purchase, and used all after making a loan in cash.

Nevertheless, the defendant deceivings the victim as above, and, i.e., an installment contract with the victim, i.e., 19,900,000 won from the seat, and acquired pecuniary benefits equivalent to the same amount.

2. On September 25, 2012, the Defendant entered into an installment contract with a D agency located in Seongbuk-si, Sungnam-si, Gyeonggi-do, as if the Defendant were to purchase the franchise-free car and to pay the monthly installment under the terms of equal repayment of principal and interest for 48 months with the victim Hyundai Capital and 48 months.

However, in fact, even if the Defendant did not have monthly income at the time, and received a installment loan equivalent to KRW 5,400,000, the Defendant did not have the intent or ability to pay the installment. In fact, the said car was sold immediately after the purchase, and used all after making a loan in cash.

Nevertheless, the defendant deceivings the victim as above, thereby making an installment contract with the victim, i.e., 42,200,000 won from the seat, and acquired economic benefits equivalent to the same amount.

3. On November 16, 2012, the Defendant’s fraud against the victim (state) calls to the call center of the victim Co., Ltd. and files an application for a loan with the victim’s call center, and employees in the name of the location of the application.