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(영문) 대전지방법원 2016.09.23 2014고단4124
사기등
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2014 Highest 4124"

1. On May 7, 2012, the Defendant: (a) from “E” within the D Used Motor Vehicle Trading Complex located in Seosung-gu Daejeon, Daejeon, to the victim “E”, the Defendant would pay the victim the installments of the loan from the first place to purchase the second place of the loan after obtaining the loan under the name of the party.

“The phrase “ was false.”

However, in fact, the Defendant did not have any money at the time and did not have been bad credit, and even if the Defendant obtained a loan under the name of the victim and purchased a heavy loan, the Defendant did not have the intent or ability to pay the installment.

As above, the Defendant: (a) obtained the consent of the victim by deceiving the victim; (b) obtained the loan from the victim under his own name; (c) obtained the loan on the same day under the victim’s name; and (d) obtained the loan on the condition that the said loan would be paid in 36 months by Hyundai Capital Co., Ltd. in the victim’s name; and (c) obtained the pecuniary benefit equivalent to the said amount by failing to repay the loan.

2. The Defendant did not have been given a loan from the bank under the above B’s name or agreed to cancel the insurance contract under that person’s name, and did not have any intent or ability to repay the loan even if the Defendant received the loan under the above B’s name.

A. On April 2012, the Defendant: (a) obtained a certificate of his/her seal imprint and a copy of his/her resident registration from B to receive a certificate of his/her seal imprint; and (b) applied for a loan of KRW 5 million in the name of the victim to HK Savings Bank on July 11, 2012 by telephone from the victim (State) and sent the certificate of his/her seal imprint and the copy of his/her resident registration to the above victim bank; and (c) sent the certificate of his/her seal imprint and the copy of his/her resident registration to B by facsimile to the above victim bank; and (d) sent the above B to B only by facsimile; and (e) the head of the Tong sent money to B by informing him/her of the account number to receive money.”

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