beta
(영문) 대전지방법원 2019.01.17 2017고단4870

사기등

Text

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

Reasons

Punishment of the crime

[2017 Highest 4870] On June 30, 2017, the Defendant entered into a middleest 489,108 of the victim E company’s name and in the process of purchasing a highest 300C high-class car in order to pay KRW 13 million each month for 36 months after receiving a loan from the non-regular employees of the victim E company.

However, the Defendant was in excess of the amount of KRW 200,000,000, and the company operated by the Defendant had no intent or ability to pay the principal and interest of the loan to the victim normally due to the large amount of debt, which is immediately preceding the bankruptcy.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to transfer the amount equivalent to KRW 13 million to the middle and high-speedr in the name of the purchase price on the same day from 16:14 to 13 million won on the same day, thereby obtaining property benefits equivalent to the same amount.

[2018 Highest 328] On October 28, 2015, the Defendant: (a) purchased a Hcom car from G agency located in Seo-gu Daejeon, Daejeon; (b) borrowed KRW 25 million from the victim E Co., Ltd. as security; and (c) extended a new installment financing loan to repay KRW 470,636 each month for 60 months; and (d) set up a mortgage on KRW 25 million on October 30, 2015.

However, the Defendant began to pay the principal and interest from August 5, 2017, and received text messages from the victim around September 5, 2017, and received a certificate of scheduled loss of benefit from time to time, and even around October 13, 2017, the Defendant was obliged to return the same amount of interest even around September 8, 2017, and around October 16, 2017.

After receiving text messages as above, the Defendant does not execute it by concealing it in an unclaimed land on the ground that he/she did not intend to return it, even though the execution officer of the Daejeon District Court intended to enforce compulsory execution on October 25, 2017 and November 1, 2017. < Amended by Act No. 15010, Oct. 31, 2017>