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(영문) 의정부지방법원 2019.05.03 2018고단4450

사기

Text

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

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on April 25, 2013, and the execution of the sentence was terminated by the ruling of revocation of detention on April 25, 2013. On December 4, 2018, the judgment was finalized on December 12, 2018.

1. On March 14, 2016, the Defendant made a false statement with the content that “A vehicle shall be sold to the victim B by receiving a loan from the victim B after one month from the purchase of the vehicle. If a vehicle is sold by doping, the Defendant may repay the loan to him/her, and the width’s credit rating is high.”

However, in fact, even if the victim purchased a vehicle with a loan, the defendant thought that he would arbitrarily use the vehicle by disposing of it, and there was no intention or ability to dispose of the vehicle after one month.

The defendant was granted a loan of KRW 17 million from C to the victim on the same day and had the victim purchase K7D car and received the above car.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 15, 2016, the Defendant made a false statement to the effect that “The Defendant would receive a loan from a second financial right and a lending company in the name of aner and make a repayment to the bank account in one month after the payment to the bank account in the name of a lender. If the credit rating is lowered due to the creation of a financial trading interest force, the Defendant is also able to obtain a low interest rate loan from the first financial right.”

However, even if the defendant received a loan from the victim's name, he was thought to use it for living expenses or personal debt repayment, and since he was living without any particular property, he did not have the intention or ability to pay it later, even if he received money from the victim.