(영문) 수원지방법원 안산지원 2015.11.11 2015고단1831

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(영문) 수원지방법원 안산지원 2015.11.11 2015고단1831

사기

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A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, it is not guilty of fraud around August 10, 2014.

Reasons

Punishment of the crime

The Defendant is a person who has operated a trade name “F” located in Ansan-gu E in whose case the victim D worked as an employee.

On August 2014, the Defendant made a false statement to the effect that the Defendant would return the name of the victim and take over the loan after receiving the loan if he/she borrowed the name of the victim for a period of two months.

However, even if the defendant borrowed the victim's name from the victim, he/she did not have any intention or ability to take over and repay the above debt after two months.

Nevertheless, on August 9, 2014, the Defendant had the victim borrow a loan of KRW 24 million for used cars, Hyundai Capital Co., Ltd. under the victim’s name. On August 11, 2014, the Defendant purchased the said loan with GJ car with the above loan around August 11, 2014. On October 201, 2014, the Defendant purchased the said BM car with the above loan and received KRW 24 million from the victim, by taking the above BM car as security at the Hanman’s underground parking lot and receiving KRW 7 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Each police statement concerning D;

1. A copy of the application for a loan from present Capital;

1. Determination on the motor vehicle register (G), customer payment details, and claim inquiry of the accused and the defense counsel

1. The alleged defendant did not promise to take over the obligation that the defendant received in the name of the victim between the victim and the victim after two months, or to change the debtor's name to the defendant. Therefore, there was no deception or fraud as stated in the facts constituting a crime in the judgment.

2. According to the evidence examined above, the defendant will take over the name of the MFW motor vehicle purchased in the name of the victim and take over the debt under the name of the victim.

유사 판례

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