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(영문) 인천지방법원 2016.02.03 2015고단1586

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 7, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud at the High Military Court, and the military prison was released on August 13, 201, and the parole period passed on August 17, 201.

[2] Around October 16, 2013, the Defendant paid 200,000 won to the victim Q Q through a branch of the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant loaned KRW 40,000,000 to the victim Q as security of the vehicle(s) around October 16, 2013.

“A false statement” was made.

However, at the time of fact, the Defendant was expected to invest the said money in the business where S was running, and it was not confirmed whether the business would be able to make a profit within one month since the business success. Since the above vehicle was not a vehicle owned by the Defendant, it was not a collateral value, and thus, the Defendant did not have any intent or ability to pay the said money later than the month, since there was a situation where the passbook was seized even in his name due to the liability of KRW 10 million.

Nevertheless, the Defendant obtained 38 million won, excluding the interest of the Defendant, from the injured party, through the national bank account (U) in T's name, which is the birth.

Around October 16, 2013, the Defendant borrowed KRW 40 million from Q20 million from female job offering victims Q, a branch of the Defendant, and offered the Defendant’s this type of S A7 car as security, which was leased from Korea Co., Ltd. for the social service of halog halog A7 car, and the victim had the said car kept by male job offering P, and P parked the said car at the parking lot near the hill of the Gangnam-gu Seoul Metropolitan Government line.

On December 18, 2013, the Defendant: (a) driven the car at the city level using a auxiliary key, which had been in the custody of the car in an amount of approximately KRW 96,160,000,00 in the market price managed by the injured party at the above parking lot; and (b) stolen the car.

Summary of Evidence

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