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(영문) 수원지방법원 안산지원 2019.07.12 2019고단1471

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2018, the Defendant: (a) knew that the Defendant, who was aware of the Defendant, was keeping the DNS vehicle in the name of DNS vehicle in the name of C, which was provided as a security for the loan from C; (b) provided, “I would like to allow B to use the said vehicle within the jurisdiction of the Defendant in the vicinity of the Defendant’s residence located in Ansan-gu, Ansan-gu; and (c) transferred the said vehicle from B to another person at the time of the transfer; and (d) had the Defendant provided B with the money by offering the vehicle as security and borrowing the money.

Accordingly, around August 13, 2018, the Defendant presented the vehicle registration certificate, C’s certificate of personal seal impression, abstract of resident registration certificate, etc. stored inside the given NAS vehicle to G, who is the lending business entity, even though the Defendant did not have the authority or right to provide the above vehicle as security, and subsequently, the Defendant intentionally stated that “A lend money to C, who is the owner of this vehicle, but C does not have to pay the money borrowed by C, and thereby, I would like to borrow money again from the said vehicle as security.” Accordingly, the Defendant acquired 720,000 won from the victim’s agricultural bank account as a loan.”

2. Around August 13, 2018, when the Defendant received a request from B to “a request to return a vehicle” after providing the said NAS vehicle as security to the victim via G, as seen in the foregoing paragraph (1), the Defendant attempted to larceny: (a) discovered the said vehicle at the Dongjak-gu Seoul Metropolitan Government J parking lot around the subway Station in order to raise awareness that the victim stolen the vehicle in his/her custody and return it to B; and (b) to ascertain the specifications of his/her specifications, the Defendant searched the vehicle in the vicinity of the Seoul Metropolitan Government subway Station on the same day.

Therefore, the defendant is driving a vehicle using a vehicle auxiliary key in advance and leaving the vehicle at the parking lot.