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(영문) 대전지방법원 2016.11.11 2016고단935
사기등
Text

A defendant shall be punished by imprisonment for two years.

8,650,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

"2016 Highest 935"

1. Fraud;

A. On May 14, 2014, the Defendant: (a) purchased a new installment loan of KRW 42,000,000 from the victim KB Capital Co., Ltd. in order to cover the purchase price; (b) entered into a new installment loan contract with the victim KB Capital Co., Ltd. to pay KRW 838,802 per month; and (c) made a false payment for monthly installments.”

However, the facts are not the president of the gas station, but the staff, not the president of the gas station, with no particular income other than KRW 2,000,000, and the car was purchased upon the E's request, and there was no intention or ability of the defendant to pay the monthly installments.

The Defendant entered into a contract with the victim on the part of the above-mentioned loan, and the Defendant did not pay the principal amount of KRW 1,754,324 to E and did not pay the remainder of KRW 40,245,676. The Defendant acquired property profits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. On May 22, 2014, the Defendant concluded a new installment loan agreement with the victim KB Capital Capital Co., Ltd. to borrow KRW 55,300,000 and to pay KRW 1,335,029 per month in order to cover the purchase price in G in Sungnam-si, Sungnam-si, with a view to purchasing a passenger car in F, and falsely stating that “The president operating a gas station shall be the president of the gas station, who will faithfully pay monthly installments.”

However, the fact is not the president of the gas station but the employee has no intention or ability to pay monthly installments because there is no particular income other than the monthly income of 2,000,000.

The Defendant entered into a contract with the victim on the part of the above-mentioned loan and paid the principal amount of KRW 5,027,242, and did not pay the remainder of KRW 50,272,758, and acquired property profits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

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