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(영문) 대구지방법원 2011.07.22 2011고단441
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2011 Highest 441]

1. Around April 15, 2010, the Defendant and C made a false statement that, in purchasing one vehicle in the name of Hyundai Car E sales agency of the first floor of the building in Gangnam-gu Seoul, the Defendant and C would faithfully repay the loan amount of KRW 27,94,853 out of the vehicle price by lending KRW 27,94,853 out of the vehicle price in purchasing one vehicle in the name of Hyundai Capital F branch in the name of Nonindicted Party H.

However, the defendant and C had no intention or ability to pay the principal of the vehicle when the vehicle was released.

The defendant and C had the above G pay the vehicle price to the Hyundai Motor Vehicle side, and received one of the above automobiles on the next day, and did not pay the principal of the vehicle.

Accordingly, the defendant and C acquired property benefits equivalent to KRW 27,944,853 in collusion.

2. On April 2010, the Defendant and C of the Victim H stated that “The level of KRW 100 million will be loaned by purchasing a new vehicle under the name of a party and selling it to another person who is the middle-lane of the vehicle to be used for the loan expense” to the Defendant and C of the victim H who wants to borrow the vehicle under the name of a party and sell it to another person who is the middle-lane of the vehicle and then use it for the loan expense.”

However, the defendant and C had no intention or ability to lend more than KRW 100 million to the victim even if they purchased the vehicle in the victim's name and sold it and receive the sales proceeds of the used vehicle.

The Defendant and C had the victim H bear the obligation of installment payments of KRW 27,944,853 at the same time and place as in paragraph (1).

Accordingly, the defendant and C acquired property benefits equivalent to KRW 27,944,853 in collusion.

[Attachment 2011 Highest 2267]

3. The Defendant: (a) purchased a vehicle in the name of K and opened with the said J and K to sell it; and (b) opened with the said J and K to sell it.

The defendant is above.

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