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(영문) 대구지방법원 2013.10.30 2013고단4442

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A was sentenced to ten months of imprisonment for fraud, etc. at the Ulsan District Court on February 21, 2013, and the above judgment was finalized on July 23, 2013. On February 21, 2013, Defendant B was sentenced to two years of suspension of execution on March 1, 2013 at the Ulsan District Court on February 21, 2013 and the above judgment became final and conclusive on March 1, 2013.

Defendant

A, B, E, and F received a request for a loan from Defendant H in accordance with the introduction of G around December 2011, Defendant H obtained a credit loan by pretending that Defendant H had worked in the State (State) and purchased a vehicle by means of an installment loan or payment by credit card in the name of purchasing a vehicle and then immediately dispose of the vehicle and acquire the disposal price.

1. On May 2, 2012, Defendant A, Defendant B, E, and H’s fraud Defendants, E, and H concluded that, by telephone at a unsound place of not more than Daegu Suwon-gu, Yeongdeungpo-gu, Seoul, the employees of the victims Hyundai Capital Co., Ltd., Ltd., located in the Yeongdeungpo-gu Seoul Metropolitan Government J building, “If the Plaintiff borrowed KRW 11 million to domestic state I as head, he/she would repay the loan according to the promise.”

However, in fact, H did not have to act as the head of (State) I at the time, and even if it did not receive a loan from the victim due to the lack of revenue and property, H did not have the intention or ability to pay the loan normally on the date of promise.

In collusion with E and H, the Defendants deceptioned the victim as above and obtained KRW 11 million from the victim for the same day as the loan.

2. On May 3, 2012, Defendant A, Defendants B and E, F, and H’s frauds, and E, F, and H falsely concluded that, around May 3, 2012, Defendant A and Hyundai Capital Co., Ltd.’s employees in Seongdong-gu Seoul Metropolitan Government M&M agency, “I would normally pay the loan if they want to purchase or take out a vehicle.”

However, in fact H receives a loan of vehicle purchase fund and purchases K5 cars.