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(영문) 부산지방법원 2012.10.17 2012고단3865
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2012 Highest 3865"

1. On the other hand, while the Defendant was working for driving a truck on behalf of freight truck, the personal debt reaches KRW 40,000,000,000, the Defendant did not have any intent or ability to settle the price even if a passenger car was manufactured on a temporary basis by using a modern credit card issued under the name of the Defendant, and was thought to sell a car immediately without the intention to hold the car in the name of the Defendant and use it as debt repayment, living expenses, etc. with the money.

Nevertheless, around December 14, 2011, the Defendant purchased K5 automobiles in a lump sum at the Busan Dong-gu B agency, Busan, without notifying the above circumstances, and requested the payment of the vehicle price of KRW 32,256,000 as if it were to pay in the following month, and obtained approval from the Hyundai Card Co., Ltd., Ltd.

The Defendant deceptioned the victim company as above, and caused the victim company to pay 32,256,00 won in lieu of the victim company on the same day, thereby obtaining property benefits equivalent to the same amount.

2. The Defendant did not have any intent or ability to complete a credit card loan even if he received a credit card loan from the Defendant Hyundai Card Co., Ltd. with the personal debt of KRW 40,000.

Nevertheless, on December 14, 201, the Defendant applied for a credit card loan of KRW 20,000,000 on condition that the principal and interest shall be repaid to the victim company through the ARS service at an unsound place.

As above, the Defendant deceptioned the victim company, and then acquired KRW 20,000,000 from the victim company to the national bank account in the name of the Defendant.

"2012 Highest 6846"

3. On December 13, 201, when the Defendant borrowed a new car purchase fund from the victim Hyundai Capital Stock Company at the Busan Dong-gu Seoul Sales Agency, the Defendant sells the said agency as if he would normally pay the loan.

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