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(영문) 창원지방법원 2015.09.10 2015노1043
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to purchase the Grandroth E (hereinafter “instant passenger car”) which was entered into with G, etc., the Defendant asserts that, although he merely lent only the name in the agreement on the loan of automobile purchase funds that borrowed KRW 33,268,335 (hereinafter “instant agreement”), the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

B. The Defendant asserts that the sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 7, 2014, the Defendant, at the Changwon District Court, sentenced one year and two months to imprisonment for attempted fraud, etc., and the judgment became final and conclusive on February 15, 2015.

On February 20, 2013, the Defendant purchased Grandroth E at D points in Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City for KRW 33,268,35, and filed an application for a loan with the victim Hyundai Capital Co., Ltd. on the condition that the Defendant would pay KRW 10.90 per annum, the overdue interest rate of KRW 24.90 per annum, the overdue interest rate of KRW 24.00 per annum, the agreed period of KRW 60 per month, and KRW 698,100 per month.

However, even if the defendant had no intention or ability to repay the above loan to purchase the above vehicle, the defendant, as seen above, deceiving an employee in the name of the victimized company, received a loan of KRW 33,268,335 from the employee belonging to the injured company, and used the above vehicle to purchase the vehicle, and acquired property profits equivalent to the above amount by failing to repay the loan.

B. The lower court found the Defendant guilty of the instant facts charged.

C. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant directly and directly fell with the Hyundai Capital Staff.

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