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(영문) 부산지방법원 2015.11.04 2015고단2563

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant of "2015 Highest 2563" is a person who has a cause of action belonging to the "water wave", who is a violence organization that works in the Busan Highest.

On May 18, 2012, the defendant was sentenced to a suspended sentence of 10 months of imprisonment for fraud in Busan District Court and was sentenced to a suspended sentence of 2 years in addition to 4 times of criminal records.

1. The victim C-related Defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim due to the absence of any particular import in around 2014, and the vehicle that is entrusted to the victim as security was found in the location of the vehicle to exercise its right in Hyundai Capital, a mortgagee due to the delinquency in the vehicle price, etc., with intent to borrow money by concealing such fact without real value as security.

Around March 2014, the Defendant made a false statement to the effect that “The Defendant shall lend money to the victim C as security, which shall be assigned to D UDR vehicles.” The Defendant received KRW 15 million from the victim to the national bank account in the name of E as the borrowed money.”

B. On May 3, 2014, the Defendant: (a) left the victim with F Uidi vehicle in the same manner as above; (b) received 6.5 million won from the victim to the national bank account in the name of E as the borrowed money.

C. On May 16, 2014, the Defendant received money equivalent to KRW 13.5 million from the victim to the account in the name of the said E as the borrowed money, while leaving the victim with Genz vehicles in the above way at the Busan Fenz vehicle in the above way.

2. Around May 9, 2014, the victim H-related Defendant made a false statement to the effect that “The victim H-related Defendant borrowed the money that he would charge the vehicle as security under the above 1. A to the victim H, in front of the J market located in the Busan J market located in the Busan J market.”

However, the facts are that the defendant borrows money from the victim due to no particular income at the time.