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(영문) 의정부지방법원 고양지원 2012.11.01 2011고단1640

사기등

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On October 26, 2011, the Defendant lodged an appeal after having been sentenced to one year and four months of imprisonment for a crime of fraud, etc. in the Goyang Branch of the District Court, and was sentenced to one year of imprisonment and two years of suspended execution at the District Court on February 3, 2012, and the judgment became final and conclusive on February 11, 2012.

[2011 Highest 1640]

1. On October 28, 2010, the criminal defendant against the victim C made a false statement to the victim “E” beauty room of the victim’s “E” located in the Goyangdong-gu Seoul Metropolitan Government D, Manyang-si, stating, “If the victim lends his/her name to purchase the fenz vehicle, he/she will transfer his/her name within 30 days after the purchase of the fenz vehicle and succeed to the loan within the name of the victim.”

However, even if the victim borrowed the name as above, the defendant did not have the intention or ability to succeed to the loan and move the vehicle.

Nevertheless, the Defendant, as above, borrowed the name of the victim from F on October 29, 2010, purchased benz G from F to purchase KRW 21 million. At around that time, the Defendant received 36-month installments from the said victim’s name in the said victim’s name and did not pay KRW 9 million out of the purchase price to the said F, thereby making the said victim bear the above KRW 9 million liability as to F and the above KRW 25.9 million liability as to the loan to the said Ampis, and 34.9 million worth as to the said Ampis.

2. Forgery of private documents and uttering of private investigation documents: A money borrowed in the name of C, and a statement of renunciation of vehicles;

A. As above, the Defendant intending to demand reimbursement of KRW 9 million for the remainder of the vehicle price that was not paid from the said F with respect to the bents vehicle G purchased in the name of the victim, and had the documents that the Defendant demanded to know of the said F, with the intent to make the said F by stealing the name of the said victim.

On November 17, 2010, the Defendant “Woman’s Certificate of Pecuniary Use” as set forth in title A4 on the paper from the French land at the lower end.