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(영문) 창원지방법원 2017.03.23 2016고단3319

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to two years of suspended sentence for the Defendant’s imprisonment with labor for assault, etc. at the Changwon District Court on April 29, 2016, which became final and conclusive on April 29, 2016, and operated D Co., Ltd. on the fifth floor of the building located in Changwon-si from April 2013 to September 2015.

1. On May 2014, the Defendant, within the office of the said Company, lent the name of the loan, “F chartered bus as security,” to the victim E, a borrower, who is a branch of the said Company, who is a partner of the said Company, to whom he/she belongs, will be repaid without fail to pay the loan principal.

“A false representation was made.”

However, the defendant had no particular property other than ten chartered buses held in the name of the above company, and with respect to the above buses, a loan amounting to KRW 800 million in total has already been executed, and the amount of the loan principal has reached KRW 37 million in the month. In the process of incorporation of the above company, the defendant did not have any intent or ability to pay the loan properly even if the defendant received the loan from the victim because he did not have any intention or ability to pay the loan properly.

Nevertheless, on May 29, 2014, the defendant deceivings the victim as above and caused the victim to borrow KRW 30 million from the Hyundai Social Co., Ltd. on May 29, 2014, and then acquired the above loan by transferring it to the Agricultural Cooperative Account under the name of the Co., Ltd.

2. On Nov. 1, 2014, the Defendant, within the office of the said company, lent the name of the loan, “G chartered bus as collateral,” to the said victim, who would be repaid without fail to pay the loan interest.

“A false representation was made.”

However, the defendant did not have the intent or ability to pay the loan properly even if he had the victim get the loan as above.