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(영문) 서울서부지방법원 2012.10.18 2012고단1274
사기
Text

The defendant shall be innocent.

Reasons

1. On December 5, 201, the Defendant purchased 1 69,700,000 won at the store in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, on December 5, 2011, at the market price of 921-7, the Defendant purchased 1 fenz vehicles with installment financing loans from Korea Co., Ltd., Ltd., the victim Mesium Social Services Co., Ltd., and paid 5,760,000 won for the remainder of 5,76,00 won, the Defendant merely thought that the above vehicle immediately transferred fenz to the seller of the vehicle, and did not have the intent or ability to pay the installment at the time. However, even if the Defendant did not have the intent or ability to pay fenz installments, c shall be paid 1,424,750 won each month from December 25, 2015 to November 25, 2015. The Defendant obtained the victim’s profits equivalent to 5,700,00 won.

2. Determination

A. The Defendant asserts that he did not have any intent to commit fraud at the time of the instant installment financing agreement.

B. On December 5, 201, the Defendant paid the price through the installment financing agreement of this case and completed new registration of a car, and later, on December 6, 201, the name of the said car was transferred to D Co., Ltd. on the following day, and there is any point that is not attributable to the Defendant’s vindication on the reasons.

However, the following circumstances revealed by the record, namely, even after the change of the ownership of the owner of the Mez-car on December 6, 201, the Defendant paid the principal and interest pursuant to the instant installment financing agreement at once on December 26, 201, January 26, 2012, and February 27, 2012, as well as the Defendant paid the principal and interest pursuant to the instant installment financing agreement at once on March 3, 2012, on February 8, 2012, upon being notified by the Korea Social Services Korea Co., Ltd. of the termination of the installment financing agreement on the ground of a breach of the agreement due to the transfer of ownership around February 27, 2012. The Defendant paid the principal and interest on February 27, 2012 at the time of the instant installment agreement, including the specific situation of the Defendant’s business operated at the time of the instant installment agreement, the Defendant’

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