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(영문) 서울남부지방법원 2017.05.08 2016고단4572
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant agreed to obtain a loan of KRW 29 million for the purchase price of the above vehicle under the condition that the Defendant would pay KRW 908,086 each month between the victim's Hyundai Capital (ju) and the 36-month period, with the introduction of the nameless loaner at D D's agency located in Gwanak-gu in Seoul Special Metropolitan City (ju) around October 31, 2012, the Defendant signed and sealed the Defendant's mother on the customer information application column of Hyundai Capital and the applicant column, and the Defendant signed and sealed it in the joint guarantor column.

However, the defendant had no intention or ability to repay the loans from the victim company at the time.

As such, the Defendant, by deceiving the victim, received 29 million won from the victim company as a loan, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Determination as to the assertion by the defendant and his defense counsel on the application for automobile installment financing and the written agreement on automobile installment financing, and the application for Hyundai Capital;

1. The summary of the argument is that the Defendant: (a) was in need of money in order to obtain a family in North Korea as North Korean defectors; (b) however, a financial institution was unable to obtain a loan; (c) the Defendant signed several documents together with the mother F in the process of obtaining a loan from a lender who became aware of through newspapers and advertisements; and (d) the Defendant was unaware of the circumstances that the Defendant would receive a loan while purchasing a vehicle, and thus,

At the time, the Defendant had the ability to pay the loan because he was paid a monthly wage of 200 million won while working for small and medium enterprises.

2. According to the evidence duly adopted and examined by this court, the Defendant was escaping from North Korea on March 201 and was living in Korea from July 201, 201, and did not always have entered the Republic of Korea at the time of the instant crime.

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