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(영문) 수원지방법원 성남지원 2014.10.02 2014고정148
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) around July 22, 201, the Defendant’s “D” clothes store operated by the Defendant located in Gwangju-si, Gwangju-si; and (b) the victim Aju Capital Co., Ltd. (hereinafter “Aju Capital”).

(3) The 1st F1 unit (hereinafter “instant vehicle”) in the name of the Defendant to E, an employee of the agency for installment financing.

) A car loan agreement was concluded by making a false statement to the effect that the principal installment would be repaid in good faith for 36 months by lending the money necessary for the purchase of the said vehicle. In fact, even if the said vehicle was purchased, the Defendant’s pet G was aware that the said vehicle was used to obtain a loan from the bond company as collateral and did not have the intent or ability to faithfully pay the loan. However, the said deception by deceiving the victim as above and obtained KRW 26 million from the victim as the same day as the loan was obtained by the victim.

2. As to the defendant's change of the defendant, the defendant and his defense counsel asserted that the installment financing company E, which vicariously performed the Ath Capital, concluded a loan agreement with the defendant knowing that the defendant would have obtained a loan of KRW 16 million from H and I (hereinafter "H, etc.") as security, and thus, the defendant did not deceiving the Ath Capital as above, and that he did not receive a loan from the Ath Capital with the intention to acquire money from the beginning.

3. The judgment is based on the following facts: (a) the Defendant borrowed KRW 26 million from Aju Capital on the date of borrowing KRW 16 million from Aju Capital; and (b) the Defendant offered the instant vehicle as collateral to E, an employee of Aju Capital Co., Ltd., on the same day; and (c) the Defendant directly provided such circumstances to E, an employee of Aju Capital Co., Ltd.

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