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Reasons
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(영문) 인천지방법원 2015.04.02 2014고단5151
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 6, 2011, the Defendant stated that “The Defendant would pay 1,768,700 won each month for 36 months at the end of the 36-month period so that a used vehicle dealer in Ansan-si may purchase a vehicle in the middle and high-tech car using the finance of the two capitals.”

However, in fact, the Defendant did not think of operating the said car normally, and planned to prepare cash after purchasing the said car, and did not have any intent or ability to repay the loan even if the Defendant received a loan from the victim second Capital Co., Ltd.

The Defendant, by deceiving the above employees as such, obtained a loan of KRW 46 million from the victim company as the purchase price for the said car from the victim company.

around September 19, 2011, the Defendant made a false statement to the effect that “Around September 19, 2011, the Defendant would refund KRW 1,018,690 each month for 36 months from the 36th anniversary of the Jeju Special Metropolitan City Gwangjin-gu’s 21st floor to the employees C of the location of the 21st floor.”

However, in fact, the defendant did not think that he would normally operate the 2008-type Dbe-type Dbe-type DV-type D-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

As such, the Defendant, by deceiving the above employees, obtained a loan of 26 million won from the victim company as the purchase price of the above vehicle, and acquired it by fraud.

Summary of Evidence

[2014 Highest 5151]

1. Defendant's legal statement;

1. Statement of the police statement of the defendant (E witness statement);

1. Statement made by the police with F (2014 highest 8102);

1. Defendant's legal statement;

1. The police statement concerning G;

1.The application of the Acts and subordinate statutes of the Loan.

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