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(영문) 수원지방법원 성남지원 2017.12.01 2017고정657
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant, on February 11, 2015, tried to purchase a car at a car C agency located in the Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Gyeonggi-do, and D, an employee of the said agency, “a car at a premium rate.”

B. The mother and her mother made a false statement to the effect that they would complete the principal and interest of a set of money that they would purchase and use in a set of money.

However, in fact, when the Defendant was liable for a loan of KRW 50 million in a financial right without any particular property, it was difficult for the Defendant to repay the principal and interest of the above loan of KRW 2.2 million in a monthly revenue to repay the above principal and interest of KRW 2.2 million, so if the Defendant purchased the vehicle at a premium rate, he would immediately transfer the vehicle to a person with no knowledge of the name of the lending broker, and receive a new loan, and there was no intention or ability for the Defendant to repay the above existing debt.

On February 26, 2015, the Defendant: (a) by deceiving the said D from the victim’s automatic car; and (b) received a delivery of the E Car with the amount of KRW 39.5 million equivalent to the market price in the vicinity of the Defendant’s residence in the Goyang-si, Goyang-si, Gyeonggi-do around February 26, 2015.

2. We examine whether the judgment defendant concluded an automobile installment contract as stated in the facts charged even though the defendant did not have the intent or ability to repay the money of the installment principle to the automobile of the infant.

According to the evidence duly adopted and examined by this court, although the defendant stated that the amount of the defendant's obligation at the time of KRW 2-3,000,000 at around February 11, 2015 is KRW 50,000 in the facts charged, there is no evidence to acknowledge it in the evidence record, and the defendant stated that it is KRW 23 million in the evidence record.

According to the examination document at the time of conclusion of the instant installment contract (printed on February 16, 2015, and on February 16, 2015, and on February 142, 2012, evidence records), the total amount of the Defendant’s loan obligations is inquired of KRW 5,99,000, and the individual rehabilitation procedure commenced on June 9, 2017.

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