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(영문) 청주지방법원 2016.09.02 2016노500
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. The summary of the facts charged in this case is as follows: the court below found the defendant guilty and sentenced to imprisonment for six months; and the summary of the facts charged in this case is as follows.

In collusion with C, the Defendant purchased a vehicle by means of an installment loan in the name of D, etc. from a person who is entitled to receive an installment loan in the name of D, and then divided the sales allowance, and the installment loan and the purchase contract of a vehicle are to be cancelled immediately following the following day. C has attempted to acquire pecuniary profits equivalent to the loan by introducing a medium-sized and medium-sized sales company and an installment loan.

Around March 8, 2013, the Defendant, along with C, purchased 27 million won a loan from the said loan under the name of the victim, on the following day to the victim F through D, on the grounds that “If the Defendant purchased a heavy vehicle by obtaining a discount loan, he/she will cancel the vehicle sales contract and installment loan contract, or transfer the name of another person to prevent him/her from bearing any debt, and divide the sales commission into D,” and then, he/she would have the victim receive 27 million won a loan from the Hyundai Capital to purchase 1 passenger car with 27 million won a market price from the Hyundai Capital, and then purchased 1 passenger car from the said loan under the name of the victim, and received the said car from the victim.

However, in fact, even if the defendant had the victim receive the above installment loan and let the victim purchase the second installment, he did not have an intention to cancel the loan and the second installment purchase contract and to release the installment from the obligation.

Accordingly, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to KRW 27 million from the victim.

2. Summary of grounds for appeal;

A. The Defendant is aware of the fact that money needs to be paid from D, and the Defendant purchased the vehicle in an ordinary way, and transfers the vehicle price from the lending company to the sale and purchase, the vehicle is secured for the sale.

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