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(영문) 인천지방법원 2018.08.23 2017고단7059
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud;

A. On January 13, 2012, the Defendant concluded a loan agreement with the content that the Defendant would purchase fenz car (B) at the car sales store located at No. 46 7,00,00,000 in the Jeju-si, Changwon-si, the Jeju-si, the Jeju-si, the Jeju-si, and would lend 69,90,000 won from the victim Hyundai Capital Co., Ltd. through the staff-in-charge in charge of the 60-month, and would pay 1,618,851 won each month during the 60-month period.

However, the defendant did not have any intention or ability to repay the above vehicle loans according to the agreement, on the ground that he/she would have ever known as a tin of the vehicle after purchasing and disposing of the above vehicle.

The defendant deceivings the victim as above and received 69,900,000 won as a loan immediately from the victim.

B. Around March 29, 2012, the Defendant purchased a franchise (E) car at the Seoul Gangnam-gu Seoul Metropolitan Government agency (State D) agency, and concluded a loan agreement with the Defendant’s employees to obtain a loan of KRW 26,100,000 from the Defendant’s Hyundai Capital Co., Ltd. to pay KRW 636,565 on the fifth day of each month between 48 months and 636,565.

However, the defendant did not have any intention or ability to repay the above vehicle loans according to the agreement, on the ground that he/she would have ever known as a tin of the vehicle after purchasing and disposing of the above vehicle.

The defendant deceivings the victim as above and received 26,100,000 won as the name of the loan immediately from the injured party.

2. Interference with exercise of rights;

A. Upon receiving a loan to purchase a motor vehicle as stated in paragraph 1(a) at the date and time, at the place specified in paragraph 1(a) and at the same time, the Defendant registered the establishment of a right to collateral security with the content of the said motor vehicle as debt amounting to KRW 69,90,00, Hyundai Capital Co., Ltd., Ltd. and the debtor.

Nevertheless, on May 18, 2012, the Defendant transferred the name of the said passenger car to Plus, Co., Ltd.

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