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(영문) 의정부지방법원 고양지원 2018.08.09 2017고단3786
사기
Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The Defendant, as the representative director of the C&C corporation operating the vehicle management business from around April 25, 2012 to around September 2013, 2013, conspired to receive money from the victim B as the purchase of the vehicle in question in order to resolve the company’s operating expenses and overdue credit card payment while operating the said company together with the Defendant’s wife D.

On October 9, 2012, the defendant is the defendant's representative director in the office of the above company in Seo-gu, Daejeon, Seo-gu, Seoul, and the victim is the victim's representative director.

If "" is introduced, D is the victim, and D is the victim with the profits of KRW 300,000 per month if the victim purchases a five ton truck and enters the company.

In 202, if a loan to purchase G is granted, the vehicle will be transferred.

“A statement was made to the effect that it was “.”

However, the Defendant received a loan from the injured party, immediately, planned to transfer the loan from the corporate account to the Defendant’s personal account and use it as a repayment of credit card payment. At that time, C did not have the ability to purchase the above vehicle unless there are circumstances such as receiving a loan from a financial institution. Thus, even if it received a loan from the injured party, it did not have the intent or ability to deliver the said vehicle.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 30 million on October 9, 2012, and KRW 10 million on October 11, 2012 from the victim, and acquired it through the said H Corporation account.

2. According to the evidence duly adopted and investigated by this court, the court held that D would purchase and enter and drive a vehicle to the victim, and that D would give KRW 3 million per month when driving without a vehicle, and that the victim would obtain a capital loan in the victim’s name, and that the victim would obtain a capital loan in the victim’s name, and that the victim would purchase a capital loan in the victim’s I bank account around October 10, 2012.

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