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(영문) 인천지방법원 2019.10.16 2019고단3819
사기
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. "2019 Highest 3819";

A. From September 23, 2015 to October 29 of the same year, Defendant A made a false statement to the effect that “I would like to purchase a dump truck with a loan from a finance company and purchase it with a dump truck in the name of the party, if I would have to obtain a loan from a finance company, I would pay the principal and interest of the loan. If I would deliver a dump truck to the finance company even if the principal and interest of the loan are overdue, I would like to know that there is no problem if I would deliver the dump truck to the finance company.”

However, in fact, the Defendant purchased a vehicle with no real property (tentatively called “documents”) or a vehicle registration certificate immediately before scrappinging, and thought that the loan was to be used for personal purposes, such as repayment of debts, using the relevant registration certificate, etc., and actually did not intend to purchase a dump truck vehicle under the name of the victim. The vehicles that the Defendant intended to purchase the vehicle to the victim are the vehicle immediately before the dump trucking or scrappinging, and the vehicle has no real property value, even if there is no real property value, and it cannot be transferred to the company of installment financing at the time of default of the principal and interest of the loan. Since it was impossible for the Defendant to make profits by selling the above vehicle, and the Defendant was a bad credit holder at the time, and thus, the Defendant did not have any intent or ability to repay the principal and interest of the loan even

On September 23, 2015, the Defendant applied for a loan of KRW 55 million to F as security of G vehicle, and the said loan is executed in the name of the victim on the same day. On September 30, 2015, the Defendant applied for a loan of KRW 59 million to F as security and applied for a loan of KRW 59 million to F on September 30, 2015, so that the said loan is executed in the name of the victim on the same day. The Defendant applied for a loan of KRW 59 million to F on October 12, 2015.

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