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(영문) 인천지방법원 부천지원 2016.10.11 2016고단1253
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person without a certain occupation who became aware of the victim C through the defendant's pro-Japanese arrest D.

On November 2013, 2013, the Defendant stated that “At the time of the mid-term police officer, the Defendant is operating one vehicle for EMW740 Li car by obtaining lease from the Korea Social Services Korea Co., Ltd., and the lease is only possible. After maturity, the lease is extended under the name of the lease. If the lease is not possible, the lease will be paid normally each month following the lease from the said company. If the lease is extended, the lease will be paid normally, and even if the vehicle is not paid, it will not be at issue after returning the vehicle to the said company and settling all obligations under the lease contract.”

However, in fact, the Defendant was in a state of bad credit standing and was unable to enter into a lease contract under his/her name, and there was no occupation, and there was approximately KRW 300 million debt due to apartment mortgage loan, etc., and thus, the facts charged in the facts charged indicate that “the Defendant was also liable to the victim for the amount of KRW 80 million,” but according to the witness C’s testimony in the court statement, it can be acknowledged that the Defendant did not bear the obligation to the victim at the time, and thus, it is excluded from the facts charged.

Even if a vehicle is leased from a victim under the name of the victim, there was no intention or ability to pay the rent each month normally, and there was no intention to return the leased vehicle to the Financial Services Korea Co., Ltd. when the lessee is unable to pay the rent.

Around November 14, 2013, the Defendant had the victim enter into a financial lease agreement with the content of “60 million won in financial application amount, contract term, 60 months in each month, and 1,427,080 won” in relation to the above vehicle under the victim’s name, and had the victim bear the financial lease obligation equivalent to KRW 60 million.

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