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(영문) 대전지방법원 서산지원 2017.03.17 2016고단349
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 4, 2014, the Defendant: (a) purchased a car with D horse at a used car sales shop located in the building B No. 3 of the Nam-gu Incheon Metropolitan City building B; and (b) applied for a loan of KRW 20,000,000 for a car purchase fund under the condition that the employee in charge of lending the said car will pay the said car at a 36-month rate; and (c) paid the said car at a 36-month rate.

However, even if the defendant received a loan, he did not have the intention or ability to pay the installment at the time, and when he received the above car, he sold it and planned to use it.

As such, the Defendant deceivings the employees in charge of the name unsound of the victimized company, and was given KRW 20,000,000 as a loan for the purchase of passenger cars by the said employees.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 4, 2014, the Defendant: (a) purchased a car with D horse set at a used car sales shop located within the building B B in Nam-gu Incheon Metropolitan City; (b) entered into an installment financing agreement with the victim E Co., Ltd. on security for the loan principal of the loan amounting to KRW 20,000,000,000; (c) the loan period of KRW 36 months; and (d) the monthly payment of KRW 74,661; and (c) on August 6, 2014, set up a collateral security agreement on the said car to secure the loan amounting to KRW 10,00,000,000; and (d) the mortgagee’s right to collateral security

However, on August 7, 2012, the Defendant borrowed KRW 4 million from the personal borrower, "F," the name of "F," in the name of "F," in order to provide the said borrower with the said vehicle as security, and delivered the said vehicle to the non-party, thereby interfering with the Defendant’s exercise of rights by concealing the said vehicle owned by the Defendant, which was the object of the right to collateral security of the victimized company, by transferring the said vehicle to the non-party.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to G;

1. A statement of H;

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