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(영문) 대전지방법원 홍성지원 2016.02.17 2015고단1092
사기
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 27, 2012, the Defendant: (a) purchased a passenger car in the Grandland at the location of the Seoguk-ro, the members of Ansan-si, the U.S., the Defendant: (b) purchased a car in the Grandland at the location of the Seogu, Seog-si, the members of the U.S., the Defendant: (c) not only was willing or ability to pay the installments at the time because the operation of the entertainment shop without any particular property is difficult; and (d) despite the fact that the Defendant intended to make a loan by means of installment financing loan without the intention to continuously hold the vehicle by purchasing and holding the vehicle, the Defendant would be pretend to purchase a car to use it for business purposes; and (c) prepared an application for installment financing with the victim Hyundai Capital Co., Ltd.

The defendant deceivings the victim company as above, and thereby deceiving it from the victim company on March 21, 2013, by borrowing KRW 32.6 million from the victim company as a loan for the above passenger car at around March 21, 2013.

2. On June 5, 2014, the Defendant calls from the victim B to use the phone to use money to pay money to the victim B.

The loan of KRW 4 million shall be KRW 4,500,000,000, including interest, after the lapse of the heat.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intent or ability to pay money even if he/she borrowed money from the damaged party due to the lack of financing of living expenses, etc. as a result of the Defendant’s work at an entertainment place of KRW 2 million,000,000.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim to the Korean bank account of the defendant on the same day.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A complaint;

1. Voluntary written statements;

1. Information from home and abroad for examination;

1. A statement of claim details [the second fact in its holding];

1. Statement by the defendant in court;

1. Protocol B of the police statement with regard to B

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