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(영문) 수원지방법원 안산지원 2013.10.01 2013고단968

사기등

Text

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

Reasons

Punishment of the crime

"2013 Highest 968"

1. Fraud against C

A. A. Around June 2008, the defrauded published an advertisement with the content that “the borrower will raise an investor (one week) and offer the loan to operate the credit business with the fund,” and then made a false statement to the victim C who reported the above advertisement at the Defendant’s “E” office located in the Dong-gu Seoul Special Metropolitan City Office No. 408 of the member-gu Seoul Special Metropolitan City on September 09, 2008, stating that “the borrower will pay interest, will provide a vehicle as security, and will pay the vehicle within one month if he/she lends money.”

However, from 2000 to 20 million won, the Defendant was a bad credit holder on the ground of overdue payment of the card price, etc., and from 2006 to 2006, the Defendant, while running a credit business with money from other former owners, was in a state of escape with the Defendant’s failure to repay the credit business, and the Defendant was in a state of not paying a fine.

In addition, since a large number of debtors who leased the defendant, the interest or principal should not be collected, the business was deficited at the time of the business, such as repayment of monthly interest to the former owners, and the vehicle offered as security to the victim was purchased in installments by the debtor and provided as security by the latter, and there was little collateral value, such as the establishment of collateral security by the installment company.

In addition, some of the vehicles provided as security was the vehicle for which the defendant recovered all secured claims from the debtor and consumed the money, and the remaining vehicles were plans for the defendant to go beyond the victim.

In addition, the defendant did not have the intent or ability to pay the office operating expenses, living expenses, and other debts every month, even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on or around October 13, 2008.