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(영문) 대구지방법원 서부지원 2016.03.10 2015고단2006
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2014, the Defendant entered into a loan agreement with the victim Hyundai Capital Co., Ltd. and the Defendant on the terms of “the terms of equal repayment of principal and interest during the period from April 25 to April 5, 2014, interest rate of 8.20% per annum, and 60 months per annum,” with the content of “the terms of equal repayment of principal and interest between the total amount of loans for the use of vehicle purchase cost” in the victim Hyundai Capital Co., Ltd. and the victim Hyundai Capital Co., Ltd. and “the total amount of loans for the use of vehicle purchase cost,” and the term of loan.

However, at the time, the Defendant was liable for personal debt of KRW 62 million, approximately KRW 50 million, and approximately KRW 38,000,000,000 for bonds guaranteed by the Defendant, and there was no other property than KRW 2,500,000 for monthly income, and there was no other property, and the interest on the loan was refunded by credit card. After the sale of the above low-priced typ vehicles, the Defendant was able to use the proceeds for living expenses and bond repayment, and thus, the Defendant did not have any intent to purchase and operate the vehicle even if he was given a loan under the name of the purchase cost of the vehicle from the injured party, and there was no intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim as such, was given KRW 33.6 million as a loan to purchase a low-priced vehicle from the victim.

2. On April 9, 2014, the Defendant entered into a contract with the victim non-victim MW520-D vehicles owned by the victim on the condition that “The victim non-victim MW520-D vehicles are leased” with the condition that “the victim non-victim MW520-D vehicles are leased, every month lease period of 1,426,236, 36 months, lease payment date of 36 months, and 25th day of each month,” with the fact that the Defendant committed the crime with the victim MW 520-D vehicles in the entire G market located in Gangnam-gu Seoul Metropolitan Government as well as with sufficient financial capabilities.

However, at the time, the Defendant has a personal obligation of KRW 62 million, approximately KRW 50 million, KRW 38 million, KRW 38 million, and KRW 33.6 million, including loans specified in paragraph 1, KRW 183.6 million.

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