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(영문) 대구지방법원 2016.09.30 2016고단991
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2016 Highest 991] On July 13, 2015, the Defendant purchased DNA-learning vehicles from the victim Hyundai Capital Co., Ltd. located in Suwon-gu, Daegu-gu, 334, through the car C agency of the Malaysia, and the vehicle price was paid every month by receiving a loan from the damaged company on condition that the vehicle price shall be 348,938 won per month, including principal and interest, for 48 months.

However, in fact, the defendant had already purchased another vehicle by installment, and even if he/she purchased a vehicle with a loan from the injured party, he/she only thought that he/she would make a loan by disposing of the above vehicle or providing it as a collateral, and did not have an intention

In the end, the Defendant appears to have taken the view that he would repay the loans as above, and prepared a loan application form, and then applied for a loan to the damaged company through the automobile C agency's car business operator, thereby receiving 14,600,000 won from the victimized company as the fund for purchasing the vehicle on the same day.

[2016 Highest 2643] On June 23, 2015, the Defendant would pay KRW 513,016 each month for the 60-month period to an employee in the name in the name of the victim K-F Capital Co., Ltd. at the business office North Daegu-gu, Seo-gu, Daegu-gu. (hereinafter “Seoul-gu”).

“.....”

However, the defendant had no intention or ability to repay the money even if he borrowed the money from the injured party because he purchased the above car, borrowed the money as collateral, and did not have any property at the time.

The defendant received 26.6 million won from the injured party in his job.

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

Summary of Evidence

[2016 Highest 991]

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1.F.

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