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(영문) 광주지방법원 2014.12.30 2013고단4653

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On February 28, 2008, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Gwangju High Court, and completed the execution of the sentence in the Changwon Prison on August 4, 2010.

In collusion with C, the Defendant purchased a vehicle by means of an installment loan under the name of C with a person who is entitled to receive an installment loan from D, etc. on the ground of the purchase of the vehicle under the name of C, and then divided the sales allowance, and the installment loan and the purchase contract of the vehicle are to be cancelled immediately following the following day. The Defendant was willing to acquire the pecuniary profits equivalent to the loan by introducing the second and the installment loan and the installment loan.

Around March 8, 2013, the Defendant, along with C, purchased 27 million won from the above loan under the name of the victim F, who was introduced through D at the coffee shop in Seocho-gu Seoul, Seocho-gu, Seoul, to the effect that “If the Defendant purchased a heavy vehicle by obtaining an installment loan, he/she will cancel the vehicle sales contract and installment loan contract on the following day, or transfer it to another person’s name so that he/she does not support any debt, and divide the sales commission into D.”, and then, he/she received 27 million won from the Hyundai Capital to purchase 1 passenger car from the 27 million Won Ez E200K car from the market price, and then acquired the said loan under the name of the victim.

However, even if the defendant had the victim obtain the above installment loan, he did not have the intent to cancel the loan and the second secondhand purchase contract and to exempt the installment from the obligation, and there was no intention or ability to deliver the victim the first car equivalent to 27 million won.

Accordingly, the defendant acquired property benefits equivalent to KRW 27 million by deceiving the victim.

2. On February 28, 2008, the Defendant was sentenced to two years and six months of imprisonment and four months of imprisonment at the Gwangju High Court.