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(영문) 수원지방법원 안산지원 2014.04.17 2013고정2141
사기
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a person who operated the Gu Party B located in Ansan-si, Ansan-si, and was unable to operate the Gu Party B on November 201, 201, and was receiving debt demand from creditors, and was in mind to raise cash by purchasing a G K5 car (hereinafter “instant car”) owned by D through E and F introduced by creditors.

이에 피고인은 2011. 11. 15.경 안산시 단원구 성곡동 7 뉴오토팰리스 C동 201호 주식회사 케이앤에이치 사무실에서, E, F을 통하여 피해자 제이비우리캐피탈(주)의 직원에게 “이 사건 승용차의 구입대금 2,300만 원을 빌려주면 2012. 12. 20.부터 2015. 11. 20.까지 매월 950,120원씩 36개월 동안 틀림없이 원리금을 변제해 나가겠다”는 취지로 말을 하였다.

However, in fact, the Defendant purchased the instant car to raise cash from the beginning without considering the intention to use the instant car, and was urged to pay a debt equivalent to KRW 400 million and to pay principal and interest, while there was no particular income. However, even if the Defendant received a loan from the victim, he did not have the intent or ability to pay the loan.

The Defendant, by deceiving the victim as such, took out a loan of KRW 23 million from the victim to pay the purchase price for the instant car on the same day, and had the victim pay the purchase price for the instant car, and acquired ownership of the instant car on November 16, 2012, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the police against H and F (Evidence Nos. 40, 44);

1. Written complaint filed by Lee Don-man Capital;

1. An application for a debate on the errors in installment financing, a contract for installment financing and a request for the receipt of installment payments, details of receipt, a motor vehicle registration certificate, a motor vehicle register, and a statement of deposit transaction records;

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