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(영문) 광주지방법원 순천지원 2014.06.17 2013고단2417
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant had no monthly income during the hospital at Ampha Hospital, and even if the Defendant purchased an automobile with a loan for almost no assets, he/she did not have the intent or ability to repay the loan in good faith, and immediately disposed of the purchased automobile.

1. Around June 4, 2008, the Defendant obtained a loan of KRW 27,000,000 from the Hyundai Capital Co., Ltd. in order to purchase one motor vehicle from the Plaintiff, and made a loan of KRW 27,000,000 to the Plaintiff, and the Defendant actually purchased and operated the motor vehicle and faithfully repaid the above loan for 48 months in 662,322 per month, and then, he had the employee in charge of the victim company make a loan of KRW 27,00,000 to the employee in charge of the victim company.

However, the fact was that there was no intention or ability to pay the installment price as above, and the intention to dispose of the vehicle immediately and to encash it.

Nevertheless, the Defendant, by deceiving the staff in charge of the victim company, received loans of KRW 27,00,000 from the victim company and acquired pecuniary profits equivalent to the same amount.

2. On June 5, 2008, the Defendant: (a) obtained loans from the victim New Card Co., Ltd. in the Seo-gu, Seo-gu, Seo-gu, Gwangju; and (b) purchased one LJ car from the victim New Card Co., Ltd.; (c) held that the Defendant actually purchased and operated a motor vehicle and faithfully repaid the above loans for 310,230 won each month; and (d) had the employee in charge of the victim company borrow loans worth KRW 7,700,000 for 36 months thereafter.

However, the fact was that there was no intention or ability to pay the installment price as above, and the intention to dispose of the vehicle immediately and to encash it.

Nevertheless, the Defendant, by deceiving the staff in charge of the victim company, received loans of KRW 7,700,000 from the victim company and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and C 1.

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