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Reasons
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(영문) 의정부지방법원 2016.11.30 2016고단3021
사기
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 3021"

1. On October 5, 2015, the Defendant: (a) purchased the NAS car at the Hyundai Motor Agency in Seoul, Gangnam-gu, Seoul; (b) normally operated the said vehicle; and (c) applied for a loan to the Mona Capital Co., Ltd. for the purchase price of the said car; and (d) entered into an agreement for installment financing with the victim at KRW 4 million and the principal of the loan to the Mona Capital Co., Ltd. as the monthly payment was made; (c) 36 months in installments; and (d) 1,179,1

However, in fact, the Defendant was planned to lend the above vehicle to F as payment in kind, rather than the intent to operate the above vehicle, and was in the state of the obligation equivalent to KRW 988,450,000 because the rice wholesale retail business operated at the time was not well good, so there was no intention or ability to pay installments normally to the victim.

As above, the Defendant, by deceiving the victim as above, acquired 4 million won from the victim, namely, the money from the victim, under the name of the No. 4 million won loan for the vehicle in the No. NAS car.

"2016 Highest 3479"

2. On October 15, 2015, the Defendant purchased HNS car at the Hyundai Motor Agency located in Mapo-gu Seoul Metropolitan Government G, and made a false statement to the victim Non-Korean Capital Officer Co., Ltd. that “I would pay KRW 941,272 per month during the 60-month period if I borrowed KRW 50 million.” However, the Defendant was thought to have transferred the said car to another person as a debt repayment, and there was no intention or ability to repay the loan, such as the debt amount equivalent to KRW 40 million.

As such, the Defendant, by deceiving the victim, received 50 million won from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. Each complaint;

1. A loan application and an agreement;

1. Details of deposits;

1. The register of automobiles (A);

1. A list of requests;

1. Each investigation report (F, K's statement).

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