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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2729

사기

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Busan District Court’s Dong Branch Branch, and the judgment became final and conclusive on July 27, 2016, and on June 23, 2016, the Defendant was sentenced to four months of imprisonment for occupational breach of trust at the Busan District Court’s Busan District Court’s Decision on July 29, 2016.

From August 2007 to May 201, 2013, the Defendant operated the “C (State)” corporation aimed at carrying on the freight transport business.

1. On September 20, 2012, the Defendant against the victim D stated that, at the office of the victim of the victim's apartment building located in the Nam-gu, Busan metropolitan apartment building, the Defendant exceeded the lending limit under the name of the company to purchase the FM truck. Thus, the Defendant said that, upon receiving a loan from the victim as the debtor, the victim would pay the monthly installment to the victim, and then change the name of the loan in the name of the company after two months.

However, at the time, the defendant's obligation accumulated due to C (State)'s management difficulties reaches approximately KRW 700 million, and there is no particular property or income, etc., the victim is receiving the loan.

The loan has no intention or ability to change the name of the loan obligor within the period of monthly repayment or promise.

Nevertheless, on September 24, 2012, the defendant deceivings the victim as above, and caused the victim to borrow 47 million won of the vehicle installments from the debtor to Korea (the State) and, at the same time, demanded the above me to establish the right to collateral on the truck. However, the defendant did not pay the amount of installment that was subsequently promised. Accordingly, the defendant did not pay the victim the amount of debt equivalent to 54,393,171 won of the principal and interest of the loan, thereby acquiring property profits equivalent to the same amount.

2. On March 2013, the Defendant against the victim G gives a loan to the Company at the (State) office located in Busan Jung-gu, Busan, with the payment of KRW 3 million to the victim of the down payment and KRW 17 million, the remainder of KRW 18 million.