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(영문) 창원지방법원 통영지원 2015.08.12 2014고단1159
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 10, 2013, the Defendant made a false statement that the Defendant would normally repay the loan if he borrowed the purchase price of the PSA car (a model name: e-HDi, e-HDi, c. c. c. c.) to the Defendant, a business employee of the victim KTF Capital Co., Ltd., in the KPSA car store located in Suwon-gu, Busan. 666, 2013.

However, in fact, the Defendant had no special property at the time, but operated D's travel agency, but failed to properly operate it, and there was approximately KRW 30 million in debt, and thus there was no intention or ability to repay the loan properly even if the Defendant paid the purchase price of the vehicle with the loan from the victim.

The Defendant entered into an automobile installment financing contract with B, the loan principal of KRW 30,700,00 on the 27th day of each month, the monthly installment payment of KRW 634,800, and the installment period of KRW 60 months on the day, and provided that the victim shall pay KRW 30,700,000 on the 60th day of the payment as the purchase price for the vehicle on behalf of the Defendant.

In this respect, the defendant, by deceiving the victim, acquired economic benefits equivalent to the above amount.

On October 17, 2013, the Defendant stated that “Around 10,000,000 won is to be repaid at the 36.5% per annum from November 15, 2013 to October 15, 2018 at the 15th of each month in the form of free repayment,” to the victim company’s name counsel staff.

However, at the time of fact, D travel agents, who had been and operated with the liabilities of 70 million won or more, continued to pay 30 million to 4 million won per month, and there was no particular revenue source, so even if they borrowed money from the victim company, they did not have any intention or ability to pay it in time.

Nevertheless, the Defendant, as seen above, deceiving the above counseling staff and deceiving them, on October 17, 2013 from the victim company.

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