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(영문) 인천지방법원 2019.10.23 2019고단4332
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On November 5, 2018, the Defendant stated to the effect that “Around November 5, 2018, the Defendant would faithfully repay KRW 24,200,000 on the condition that the Defendant would repay KRW 448,963 per month to employees in the C Accounting Point located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, on the part of the victim D Co., Ltd. to purchase the 2019-type Amburged Car (E) for a period of 60 months, since the lack of funds to purchase the 2019-type D Co., Ltd.”

However, the defendant did not have a certain amount of income or place of work at the time, and he purchased a car with a loan, and only thought that he would use 14,500,000 won for personal debt repayment, entertainment and living expenses, and there was no intention or ability to pay the loan after purchasing and operating the vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim borrow 24,200,000 won as a loan from the victim on or around the 6th of the same month and let the victim pay the above loan to C.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On November 16, 2018, the Defendant stated to the effect that “Around November 16, 2018, the Defendant would faithfully repay KRW 25,00,000 on the condition that the Defendant would repay KRW 463,80,000 on the condition that the Defendant would repay KRW 463,80,000 per month to the employees in the G Bupyeong-gu Incheon Bupyeong-gu’s Bupyeong-gu in Seoul, on the part of the victim D’s name in purchasing K3 automobiles (H) for 60 months, due to the shortage of funds.”

However, the defendant did not have a certain amount of income or place of work at the time, and he purchased a car with a loan, and only thought that he would use 14,000,000 won for personal debt repayment and entertainment and living expenses, and there was no intention or ability to pay the loan after purchasing and operating the vehicle.

Nevertheless, the defendant is the victim as above.

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