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(영문) 대구지방법원 포항지원 2016.02.04 2015고단637
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 6, 2013, the Defendant purchased BK7 passenger cars from a limited liability company E.S. office located in the 799-dong, Seogu, Daegu-gu, 799, the Defendant would offer a car as security and repay the principal and interest between 36 months each month and 7.52,475 won each month with a loan of KRW 20 million.

“The purpose of “ was to conclude a loan agreement with the same content.”

However, the defendant did not have any particular income at the time and only 8 million won was liable, and even if he received the above loan, he did not have any intention or ability to continuously pay the principal and interest every month.

The Defendant received loans of KRW 20 million from the person who was deceptiond as above for the same day as the funds to purchase vehicles on the same day, and acquired the same amount of financial benefits.

2. In order to purchase B K7 car at the date, time, at the place specified in paragraph 1, the Defendant was obligated to keep the mortgaged vehicle in custody on the said vehicle as security after receiving a loan of KRW 20 million from the victim Hyundai Capital Co., Ltd. for the purpose of purchasing the vehicle BK7 car, and making an agreement to pay the loan by dividing the amount of KRW 752 and KRW 475 on 36 occasions each month by 752 and 36 times each month. Since the Defendant agreed to set up a mortgage on the said vehicle as the right holder of the right to collateral, the Defendant was obligated to keep the vehicle that became the object of the mortgage.

However, on November 2013, the Defendant concealed the location of the vehicle by selling the vehicle to the bond business operator whose name is unknown without paying the principal and interest at all.

Accordingly, the defendant concealed his own goods, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of C’s statement;

1. A complaint;

1. A copy of an application for loan and a certificate of actual vehicle;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 347 of the Criminal Act concerning the crime and the choice of punishment.

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