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(영문) 대전지방법원 천안지원 2016.09.20 2016고단1171
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around February 21, 2011, the Defendant entered into a contract for a loan of modern capital, 35,200,000 won, each month, between 36 months and 1,070,000 won, to repay the purchase price of the said car from the Defendant’s Hyundai Capital Co., Ltd., Ltd., by purchasing one Erando HG car at the Hyundai Automobile D Sales Agency located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

However, the defendant did not have any intention or ability to repay the loan amounting to KRW 10,70,00 per month according to the agreement, even if he received the above amount from the victim company, because the defendant engaged in daily work without a certain property at the time and did not have any revenue equivalent to KRW 1,40,000 per day.

Nevertheless, the defendant deceivings the staff in charge of the victim's company as above and took out a loan of KRW 35.2 million from the victim company on the same day.

2. Crimes against victim F;

A. On April 7, 2011, the Defendant committed a crime on April 7, 201, at the office of “H” operated by the Victim F in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, the Defendant may use the credit card in the name of the State on the face of the payment of the overdue card price.

B. The credit card (Modern Card I) in the name of the Defendant was drawn up by making a false statement to “The payment of KRW 1,111,903, in lieu of the payment in arrears of the Nice Card, which would enable the settlement of the amount equivalent to KRW 1.1 million with the credit card.”

However, in fact, the credit card issued by the defendant was unusable for the victim, and the amount that the defendant had the victim pay on behalf of the victim was the vehicle installment as stated in Paragraph 1, not the overdue card price, so the victim could not use the credit card issued by the defendant even if the victim pays it.

Nevertheless, the defendant deceivings the victim as above and let the victim do so.

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