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(영문) 서울서부지방법원 2014.02.05 2013고단2497

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around January 201, the criminal defendant against the victim C made a false statement to the victim C, “The victim shall have paid the same shares as that of his/her parents, and due to the fact that he/she has paid damages, he/she will have repaid the victim as he/she borrowed the money to him/her, taking account of the damages.”

However, in fact, the defendant did not have any other obligation, but did not have any other obligation, and he did not have any intention or ability to repay the debt even if he borrowed money from the victim because there was no particular property.

The Defendant received 46,186,000 won in total from around 21 times to January 27, 2012 as stated in the annexed crime list, including that the Defendant received 5,000,000 won from the victim as a loan from the victim on the pretext of a loan.

Accordingly, the defendant deceivings the victim and received property.

2. Around November 18, 201, the Defendant: (a) purchased a Egallon car from the egalian Lease in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, 217, in order to pay the purchase price; (b) obtained a loan of KRW 18,00,000 from the victim (the victim) Solomon Savings Bank to pay the purchase price; and (c) set up a mortgage on the said car with the market price of KRW 18,00,000,000, which is owned by the Defendant as a security; and (d) concluded that the victim shall pay the amount of KRW 763,140 each month from November 18, 201 to November 20, 2014 to pay the principal and interest of the loan at least once.

The Defendant, from November 18, 201 to April 201, was unable to pay a loan to the victim after paying the loan to the victim four times. On May 20, 2012, the Defendant requested the victim to temporarily repay the loan and deliver the said car.

Nevertheless, the Defendant.