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(영문) 의정부지방법원 2017.02.15 2016고단1211
사기
Text

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

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

Reasons

Punishment of the crime

1. Around May 19, 2015, the Defendant: (a) obtained a loan of KRW 25,40,000 from the Plaintiff Hyundai Capital Co., Ltd. for the purchase of the said car; (b) made a monthly repayment of KRW 760,121 as principal and interest for 36 months; and (c) agreed not to dispose of the said car without the victim’s consent until the full payment of the loan amount by transferring or leasing the said car to another.

However, in fact, the defendant did not have any property, but did not have any intention or ability to repay the purchase fund, even if he received a loan from the injured party, because he purchased the said car and immediately sold it to another person and thought that he would repay the personal debt with the purchase price.

The defendant deceivings the victim as above and received 25,40,000 won as a loan from the victim, namely, the victim.

2. Around May 20, 2015, the Defendant: (a) purchased a middle-sized tea trading complex located in the Songdong-dong Incheon Metropolitan City, and (b) agreed not to arbitrarily dispose of the said car, such as transfer or lease of the said car to another person without the victim’s consent, in order to secure the said KRW 22 million; (c) set up a mortgage on the said car as the mortgagee, in order to compensate for the said KRW 22,00,000,000,000,000,000,0000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, in fact, the defendant did not have any property but has reached a total amount of personal liabilities, and he thought that he would be able to lend cash to another person after purchasing the above knife and providing it as a security.

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