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(영문) 인천지방법원 2014.04.03 2013고단5068
사기
Text

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

Reasons

Punishment of the crime

On February 8, 2013, the Defendant purchased 520 vehicles from the Songdo-dong, Yeonsu-gu, Incheon, Incheon, under the condition that 58,600,000 won per annum of 11.55% per annum and 1,290,230 won per month between 60 months and 1,290,230 won per annum from the victim D Co., Ltd.

However, the defendant did not have any income due to the lack of business operated at the time, and even if he received a loan from the victim, such as the total amount of the bank debt exceeds 200 million won, he did not have any intention or ability to repay it

Nevertheless, the Defendant borrowed the above money from the victim and acquired it by fraud.

"2013 Highest 6850"

1. On February 8, 2013, the Defendant made a false statement that “The Defendant would faithfully repay KRW 42,400,000 to purchase a car with the victim E Co., Ltd. for 60 months on the face of a week by leasing KRW 42,40,000 to F, the Defendant would faithfully repay KRW 871,946 each month for 60 months.”

However, the defendant did not have the intention or ability to repay the principal of the above installment.

Nevertheless, the Defendant received 42,400,000 won from the victim as a loan and acquired it by fraud.

2. On February 22, 2013, the Defendant made a false statement that “The acquisition cost of KRW 49,70,000,000 on the leased-based Myeon will be faithfully paid KRW 1,106,100 each month by purchasing the BM 520D car at the Bari-dong 23-3, Yeonsu-gu, Incheon Metropolitan City.”

However, the defendant did not have the intention or ability to pay the principal of the lease even if the vehicle purchased by the victim is leased.

Nevertheless, the Defendant had the victim transfer KRW 49,700,000 on the same day to the victim for the purchase price of the vehicle.

Accordingly, the defendant deceivings the victim to gain monetary benefits equivalent to the above money.

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