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(영문) 창원지방법원 진주지원 2013.06.19 2013고단494
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On May 15, 2012, the Defendant made a false statement to the effect that “The Defendant would make an equal installment of the principal and interest of KRW 14 million in order to purchase an Abdold Dold Dold Dold Dold Dold Dold Dold Dold 438,387 won on the 25th day of each month and redeem it without framework for 36 months at the location of the Jind Dol-si, Jin-si, Jin-dong 15-9.”

However, at the time of fact, the Defendant was in a state of over KRW 70 million borrowed from the Defendant’s financial right, KRW 7 million borrowed from the lending company, KRW 30 million from the individuals, and KRW 40 million from the individual, and monthly income was insufficient to pay the interest on the existing obligation and cover the living expenses. Thus, even if the Defendant received the loan from the victim, there was no intention or ability to repay it on the agreed date.

Nevertheless, the defendant deceivings the victim as above and obtained 14 million won under the name of the installment loan for vehicles from the victim.

2. On May 25, 2012, the Defendant made a false statement to the effect that “The Defendant, at the subordinate sales agency of Jink-si, Haak-dong 290-32, applied for a vehicle installment loan of KRW 10.6 million to the victims Hyundai Capital Co., Ltd. in the same manner as that of the preceding paragraph, he/she will repay the principal and interest in equal installments for 331,922 won on the 25th of each month when he/she borrowed the loan.”

However, the defendant did not have any intention or ability to repay the loan in accordance with the date promised, even if he received the loan from the victim for the same reason as the above paragraph 1.

Nevertheless, the defendant deceivings the victim as above, and thereby, KRW 10.6 million is the name of the victim's installment loan from the victim.

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