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(영문) 수원지방법원 안산지원 2019.09.27 2018고단4404

사기등

Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

When Defendant A was liable for a large amount of debt while working for a heavy and high-speed with Defendant A, Defendant A obtained a large amount of debt, Defendant A, by means of purchasing a heavy vehicle with good credit using another person’s name, and selling the vehicle at a low price to a third party with a mortgage, etc., and became aware of the victim G through Defendant A’s friendship F with an intention to use the relevant person to repay his/her debt.

On April 2018, the Defendant made phone calls to the victim at an unspecified place and made a false statement to the effect that “If the Defendant has lent the name in order to purchase a heavy vehicle, he/she will obtain a loan under his/her name and purchase the vehicle and pay all installment payments and interest rates of the vehicle borrowed within the country.”

However, in fact, the Defendant was liable to pay a large amount of money at the time, and was thought to be so called the so-called “fashion” as above, so even if he purchased a middle vehicle under the name of the victim, he did not have the intent or ability to pay the installments

Nevertheless, on April 25, 2018, the Defendant: (a) by deceiving the victim; (b) had the victim borrow KRW 99,00,000 from H around April 25, 2018; and (c) transferred KRW 98,50,290 out of the above money to the J bank account (K) in the name of his wife, and paid KRW 464,710 to L.

Accordingly, the defendant, by deceiving the victim, had the victim bear the obligation equivalent to KRW 99,00,000, and acquired pecuniary profits equivalent to the same amount.

On May 2017, Defendant A stated, “AW 520D vehicles were sold to the victim M (the spouse of the Defendant’s spouse) in an influenced place.” The Defendant called, “AMW 520D vehicles were sold to this end in lieu of sending the vehicle to this end.”

Around that time, the Defendant was consigned the above vehicle from the victim, and P at Kimpo-si, the Defendant’s residence.