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(영문) 인천지방법원 2015.06.25 2015고단5
사기등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant, who operated E in the Seo-gu Incheon Building, borrowed from others the purchase price, etc. of cars from others without any particular capital, purchased the used cars with the proceeds from the purchase and sale of the used cars, and repaid the principal and interest from others. However, as the purchase and sale size of the used cars has increased, the Defendant became difficult to repay even if he/she borrowed money from others, even if he/she borrowed money from others.

1. On October 26, 2012, the criminal defendant against the victim F made a false statement to the victim F on October 26, 2012 that “A vehicle has been purchased as a vehicle for goods, and the cash is urgently needed, and a part of the fee paid on the face of the State and the profit from sales of the fee and the profit from sales of the vehicle are paid on the face of the State with the loan in the name of the Party from the Capital Capital to the Party.”

However, in fact, the Defendant did not have any financial ability or intent to pay installments in the name of the victim even if he/she received a loan under the victim’s name even if he/she did not have a financial standing to pay installments, since it was difficult for the Defendant to pay the interest, etc. when he/she received a loan under the victim’s name, as various expenses such as fees for purchase and sale of used cars, office operating expenses, damages caused by a decline in the market price of used cars, and pet service costs for used cars.

On October 26, 2012, the Defendant, by deceiving the victim as above, had the victim take a loan of KRW 63,400,000 from the Hyundai Capital Co., Ltd. under the pretext of the purchase price for the vehicle in the middle and high Ecoos.

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