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(영문) 대구지방법원 2017.09.21 2017고단4249
사기등
Text

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

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

Reasons

Punishment of the crime

1. Fraud;

A. Around November 8, 2012, the Defendant: (a) purchased a single unit of automobile at the “E” located in Busan Metropolitan City, the market price of KRW 38,580,000,000 for HG car; and (b) applied for a loan of installment capital of KRW 34,40,000,000 to Hyundai Capital Co., Ltd. (hereinafter referred to as the “E”); and (c) applied for an installment loan of KRW 34,40,000,000 to the Plaintiff.

However, in fact, the Defendant was only liable for approximately KRW 20 million without any special property at the time, and the said purchased automobile was thought to dispose of the said automobile as a prompt name to prepare the operating expenses of the gas station operated at that time, so even if the Defendant was to receive installment financing loans from the victim, there was no intention or ability to perform the said loan obligations even though he did not intend to own the said automobile, and there was no intention or ability to perform the said loan obligations.

The defendant deceivings the victim as above and received 34.4 million won as a loan from the injured party on the same day.

B. Around February 13, 2013, the Defendant: (a) had the same attitude in purchasing one unit of BM 520D car (G) at the market price of 57,100,000,000 won in the “Korea-Japan-dong 314, Sungnam-si, Seoul-si, and applied for installment financing loans of 4,568,000 won to the Korea Social Services Korea Co., Ltd., Ltd., which caused damage.

However, in fact, the Defendant was only liable for approximately KRW 20 million without any special property at the time, and was faced with economic difficulties to the extent that the rent of the gas station operated at the time was insufficient or difficult, and was thought to dispose of the motor vehicle purchased as above as the ‘large Car', so even if the Defendant was to receive installment financing loans from the victim, the Defendant did not have the intent to possess the said motor vehicle as the purpose of securing the above loan obligation, and did not have any intent or ability to repay the above loan obligations.

The defendant as above.

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