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(영문) 수원지방법원 안산지원 2020.04.01 2019고단414

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operated B in Daegu from 2012 to 10 August 2018.

In Daegu around June 2018, the Defendant received a loan from the victim C Co., Ltd. for the purpose of purchasing vehicle, even if he/she did not think that he/she would use the loan for the purpose of paying the existing debt, living expenses, etc., but by telephone, he/she would purchase the said vehicle at the E Si or Gun by means of telephone, and would make a collateral mortgage without a molding on the vehicle. The Defendant would purchase the said vehicle with the said money on the face of a week by lending the purchase fund and make a settlement of the said vehicle without a molding on the vehicle. The Defendant was transferred from the victim the money to the corporate bank account (G) in the name of the Defendant’s wife on June 28, 2018.

The Defendant is a person who operated B in Daegu from 2012 to 10 August 2018.

1. Around March 11, 2015, the Defendant: (a) around 2015, at the foregoing B office located in the Seogu-gu, Daegu-gu around March 11, 2015; (b) even if the Defendant borrowed KRW 100 million from the victim’s wife, the Defendant was thought to be used from the beginning as personal debt, Defendant’s wife’s deposit money, etc.; (c) as at the time the Defendant’s Defendant’s stock company was not the Defendant’s possession; (d) at the time, the Defendant was liable for approximately KRW 00 million; and (e) the Defendant did not have any other property, even though there was no intent or ability to pay the principal and interest as agreed below, the Defendant purchased 10 million won loan, etc. with the Defendant’s loaned KRW 100 million and KRW 100,000,000,000,000,000 from the Defendant’s passbook, the Defendant would make payment of the principal to the Defendant’s account.