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(영문) 의정부지방법원 2013.05.31 2012고단3403
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Fraud;

A. On March 9, 2011, the Defendant entered into a loan agreement with the victim Hyundai Capital Capital Co., Ltd., Ltd., in order to purchase the EM5 car at the market price of KRW 22,90,000,000 in the name of the Defendant at the office D office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul and concluded a loan agreement with the Defendant at KRW 22,90,000,000,000 in the name of the Defendant and the principal and the principal and the principal and KRW 29,000,000,000

However, in order to raise a shortage of business funds at the time, the Defendant had the intention to immediately purchase a vehicle from the victim company to pay the vehicle and dispose of the vehicle immediately to lend the money to the victim, and thus, the Defendant had no intention or ability to pay the purchase price of the said SM5 vehicle from the victim company even if he/she received a loan from the victim company.

The Defendant borrowed 22.9 million won from the victim company, in other words, from the victim company.

Accordingly, the defendant was given property by deceiving the victim.

B. On March 22, 2011, the Defendant entered into a loan agreement with the victim Hyundai Capital Co., Ltd. and the principal amount of KRW 11 million, the loan period of KRW 36 months, and the monthly installment of KRW 450,000,000, in the D office located in Yongsan-gu, Yongsan-gu, the market price of which is equivalent to KRW 11 million in the name of the Defendant.

However, in order to raise the insufficient business funds at the time, the Defendant had the intention to immediately purchase a heavy vehicle from the victim company at the time, and then dispose of it at the time and to make a "vehicle tin" as a prompt name to lend money. Therefore, the Defendant did not have any intention or ability to repay even if he/she received a loan from the victim company for the purchase price of the said rocketing vehicle.

The Defendant borrowed 11 million won from the victim company, i.e., the victim company.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant’s embezzlement at around 12:17, March 22, 201, Dongdaemun-gu Seoul.

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