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(영문) 창원지방법원 통영지원 2013.10.08 2013고단558
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On November 2010, the Defendant: (a) received a proposal and subsequently purchased a vehicle in the form of bond, and subsequently purchased the vehicle in the form of installment financing as if the Defendant actually used it; and (b) purchased the vehicle in the form of a bond to acquire it from the bond company in the name-free name and offered to the bond company for the period to transfer it to the bond company immediately.

Around November 30, 2010, the Defendant: (a) filed an application for a loan of vehicle purchase funds with the Plaintiff, and entered into a loan agreement with the Defendant Hyundai Capital Co., Ltd., with the following contents: (b) as the Defendant purchases and owns the said car and pays the installment amounting to KRW 24,350,000 in the name of the Defendant; (c) if the Defendant actually purchased and owns the said car; and (d) if the Defendant would have paid the installment amounting to KRW 8.15% per annum, the Defendant would have paid the total amount of KRW 24,200,000,000 per annum by adding interest of KRW 592,49 per month to the total amount of KRW 48 months.

However, in fact, the Defendant merely applied for installment financing loans with the intent to lend the form of installment financing loans without the intent to purchase and hold a car in the Defendant’s name. In addition to the liability of approximately KRW 21 million at the time, the Defendant did not intend or have the ability to pay for installment loans even if he received a loan from the victim Hyundai Capital Co., Ltd. to use a car installment financing without any particular property and income.

As above, the Defendant, in collusion with a nominal bond company, by deceiving the victim, and thereby making the victim deposit KRW 24.2 million in the name of the purchase price of the above vehicle into the account of the vehicle selling company, acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1.F.

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