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(영문) 대전지방법원 2017.01.12 2016고단1473
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant entered into a contract with the victim Aju Capital Co., Ltd. to lease one car for 3008 (C) car and pay lease fees for 841,158 won each month for 60 months from the building of 239 Aju Capital Co., Ltd. as Seo-gu Daejeon.

However, in fact, the defendant did not notify the victim of this fact even if he received the leased vehicle by entering into the lease contract as above, but did not normally operate it as a collateral for transfer, etc., and did not intend or have ability to pay the lease price normally.

The defendant deceivings the victim as above and acquired the above vehicle from the victim's value of 36,309,263 won.

"2016 Highest 1509"

1. On November 1, 2013, the Defendant: (a) around 1256, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon: (b) deposited the amount equivalent to KRW 40,700,000 at the D Food Car market price, owned by the Defendant, for the victim; (c) KRW 1,150,000 per month between 36 months and 36 months on behalf of the victim.

On May 2014, when the Defendant paid only three times lease fees to the victim, the Defendant transferred the said car to E, one’s creditor, to pay the Defendant’s debt, and embezzled it.

2. On January 29, 2014, the Defendant purchased FMW 520D automobiles from Daejeon-gu and Dong Dong around January 29, 2014, and agreed to pay approximately KRW 1.2 million per month by receiving a loan from the victim MW 520D Korea Co., Ltd., and agreed to pay KRW 58.9 million for the said company.

The Defendant, on April 2014, transferred the said vehicle to the sale of a mutually defective used motor vehicle, after paying two times the installments to the victim in a used motor vehicle transaction complex located in Seo-gu Daejeon, Seo-gu, Daejeon, and transferring the said vehicle to another person.

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