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(영문) 인천지방법원 부천지원 2014.11.27 2014고단2723

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant: (a) around February 21, 2013, at the C office located in Songpa-gu Seoul Metropolitan Government, paid KRW 17,130,000 in advance in the course of purchasing F (former G) BMW520 vehicles from the business employees of the victim D Co., Ltd. (representative E); (b) paid KRW 39,970,000 in advance on the condition that the remainder is repaid in installments of KRW 1,365,885 in total for 36 months; and (c) completed an application for installment financing and submitted a business registration certificate.

However, on March 1, 2013, the Defendant had no intention or ability to repay the loan, because he had been willing to use the said vehicle for his study expenses for his father’s children and for French living expenses, the Defendant had no intention or ability to use the said loan, as he had sold the said vehicle to the middle and high-class store located in Gangseo-gu Seoul Metropolitan Government (former professional rental car Co., Ltd.).

The Defendant, by deceiving the victim as such, received 39,970,000 won from the victim for the same day as the loan money.

On January 31, 2013, the Defendant, “2014 Highest 2733, the Defendant, when purchasing the NAS vehicle in Gangseo-gu Seoul Metropolitan Government, made a false statement that 914,130 won will be paid each month from February 25, 2013 to January 25, 2017 when applying for a loan of KRW 39,000,000 to the victims Hyundai Capital Co., Ltd.

However, in fact, the Defendant did not have the intention or ability to repay the above loan as agreed on March 1, 2013, because the Defendant sold the above NAS vehicle immediately after purchasing the above NAS vehicle and was planning to depart from the Republic of Korea with his/her husband and wife

Nevertheless, the Defendant, as such, by deceiving the victim, received 39,000,000 won as a loan from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K and L;

1. Each complaint, motor vehicle register (including particulars to be cancelled), total certificate of registered matters (including those to be cancelled), application for installment financing (A), certificate of seal impression (A), and