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(영문) 수원지방법원 2013.10.25 2013고단5079
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is North Korean defectors, and there is a need to pay money and living expenses to the blorder who is called ‘blorder' of the sentence in North Korea. Thus, the defendant borrowed the purchase price from installment financing and purchased the vehicle, and then was thought to raise money by selling the vehicle to another person immediately.

1. On January 4, 2012, the Defendant committed fraud, around January 4, 2012, agreed to pay KRW 1,211,280 each month for the 48-month period, when purchasing one motor vehicle vehicle in the name of the wife C at KRW 10,000,00 from Hyundai Capital Co., Ltd., the victim, in purchasing one motor vehicle in the name of the wife at KRW 1014.

However, in fact, the defendant did not have the intention or ability to repay the loan because he had the intention to sell the above car directly to another person to use it for other purposes as above, and did not have any other means.

Nevertheless, the Defendant, by deceiving the employees of the victim company, received 50,000,000 won as a loan from the victim.

2. Around March 28, 2012, the Defendant committed fraud: (a) around March 28, 2012, at the Hyundai Motor Vehicle Duplication Agent at No. 770-5, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant purchased one of the Defendant’s name, and deceiving the employees of Hyundai Capital Co., Ltd., Ltd., the victim in the manner described in paragraph (1) and received KRW 25,00,000 from the victim for a loan.

3. On April 3, 2012, the Defendant committed fraud: (a) around April 3, 2012, at the Hyundai Motor Station’s representative located in 770-5, Seocheon-gu, Seocheon-gu, Seocheon-gu, Jungcheon-gu; (b) purchased one motor vehicle in the said C’s name; (c) deceiving the employees of Korea-based social company, the victim, in the manner described in paragraph (1), and was issued KRW 25,300,000 as a loan from the victim.

Summary of Evidence

1. The defendant;

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