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(영문) 인천지방법원 2014.11.20 2014고단1572
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 1572]

1. On May 201, 201, the criminal defendant against the victim C stated, “On the ground that the victim would obtain a vehicle security loan in his/her own name and then obtain a loan as security after purchasing the vehicle in his/her own name, the victim would sell the vehicle to another person and immediately repay the full amount of the loan that he/she received in his/her four name.”

However, even if the Defendant was given a loan under the name of the victim, the Defendant did not have the intent or ability to repay the loan, and even if sold the vehicle to another person, it was thought that it was used for personal purposes, so there was no intention or ability to pay the sale price to the victim.

Since then, the defendant received documents necessary for the purchase of vehicles from the victim and the loan of the vehicle from the victim on the 24th day of the same month, and received loans from the Hyundai Capital Co., Ltd. for KRW 15 million by purchasing the DST5 car under the victim's name on the 24th

6.9. Sale of the said car to E and use the purchase price received from E for personal purposes.

Ultimately, the Defendant made a false statement to the victim as above, and received a loan of KRW 15 million in the name of the victim and acquired pecuniary benefits equivalent to the same amount.

2. The criminal defendant against the victim F is the victim’s (ju employee) G employee operated by the victim with a heavy endur.

On October 27, 2012, the Defendant called “BMW528I vehicle market price may be purchased at KRW 46 million on the basis of 50,000,000,000.” The Defendant called “the down payment for purchasing the said vehicle, which shall be KRW 2,30,000,000,000.”

However, even if the defendant received the above money, he did not have the intention or ability to pay the said money as the down payment because he thought to use it in repayment of his personal obligation.

In the end, it is eventually.

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