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(영문) 수원지방법원 2018.11.08 2017고단4729
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 8, 2016, at the business office of the victim C Co., Ltd. (hereinafter “victim”) located in Suwon-si, Suwon-si, the Defendant: (a) purchased a new car to an employee under the name of the victimized Co., Ltd.; (b) made the said vehicle as security; and (c) made the said vehicle as if he/she faithfully pays KRW 4.9% per month between 60 months and 1,035,399; and (d) stated that the Defendant applied for a new set of loan for a new car of the victimized Co., Ltd., Ltd. (hereinafter “victim”) located in Suwon-si, Suwon-si, 2016, and submitted the said application for the loan to the said employee.

However, the Defendant resided in a rental apartment with monthly rent of KRW 30,000,000 and did not have a certain occupation. On March 17, 2015, the Defendant was obligated to purchase one vehicle from D on February 4, 2016, and to pay KRW 74,00,000 for the first installment of the vehicle. On April, 2016, the Defendant received the loan from D on February 4, 2016, and paid KRW 1,120,000 for the first installment of the instant vehicle on four occasions, and paid the first installment of KRW 1,20,000,000 for the first installment of the instant vehicle on four occasions as it was impossible to pay the registration tax for the vehicle. The Defendant was given a loan from G on November 9, 2016, to purchase the vehicle by adding approximately KRW 23,000,000 from G.

Nevertheless, the Defendant, on December 27, 2016, took advantage of the fact that the installment for the purchase of a car at a financial institution’s time of inquiry into credit information did not appear as a debt, and did not delay in order to see that the Defendant was temporarily able to purchase the car at issue with the above installment loan and paid only twice the two installment payments for the instant installment loan. The Defendant, on December 27, 2016, did not pay the installments for the previous three vehicles, and did not pay the payment for H, I, and J on December 28, 2016.

Defendant 1. As above.

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