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(영문) 대전지방법원 2018.02.08 2017노3558
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal is as follows: (a) the Defendant was unable to obtain a loan from F to purchase dump trucks with bad credit standing; (b) the Defendant was requested by F to lend the name of the loan and consented thereto; and (c) on November 21, 2014, the Defendant did not have the office of the victim BNK Capital Co., Ltd. (hereinafter “victim”) located in 163 as in Seo-gu, Seo-gu, Seo-gu; and (d) the employees and F were found to have been located in the Defendant’s office at that place, at that place, the Defendant’s wife was the obligor, and the Defendant was the guarantor, and the Defendant was not jointly and severally liable to notify the Defendant of the installment financing agreement (hereinafter “instant agreement”). At that time, F did not have any obligation to notify the Defendant that it would actually be the victim’s credit, and thus, Fump trucks did not have any obligation to notify the Defendant of the instant facts charged (hereinafter “the instant order”).

shall not be deemed to exist.

Even if the Defendant’s deception is recognized, the victim company did not pay a loan under the instant agreement (hereinafter “the instant loan”) by falling under the Defendant’s deception, but paid the instant loan to M with the Defendant reliance and M. Therefore, there is no relationship between the Defendant’s deception and the payment of the instant loan by the victim company.

Upon F’s request, the Defendant only lent the F with C and the name of the Defendant, set up a collateral security in the name of the victim company in the instant vehicle, and the F used the instant loan and paid a part of the installment to the victim company.

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