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(영문) 청주지방법원 2018.10.04 2018고단1246

사기

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[criminal records] On April 12, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Cheongju District Court, and the above judgment became final and conclusive on October 20, 2017. On October 20, 2017, the Defendant was sentenced to one year and six months of imprisonment for the same crime, etc. at the same court, and the above judgment became final and conclusive on May 11, 2018.

[Criminal facts]

1. The Defendant committed fraud on December 16, 2015, upon receipt of a request from the victim C to demand a loan from the victim C on a closed land on December 16, 2015, the Defendant would purchase a used vehicle in the name of the party and lend the vehicle as security to the victim.

When a loan is fully repaid, a heavy vehicle shall be identified and installment payments shall also be arranged.

“A false statement” was made.

However, the defendant did not have the intention or ability to succeed to the name of the vehicle and the installment payment even if he/she purchased a used vehicle with a loan borrowed in the name of the victim, and there was no intention or ability to pay the installments to be borrowed on behalf of the victim.

As such, the Defendant, by deceiving the victim as above, had the victim purchase the D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. On March 8, 2016, the Defendant committed fraud on March 8, 2016, upon receipt of a request from the victim C to grant an additional loan from the victim C at an irregular site on March 8, 2016, and upon receipt of the request from the victim C, the Defendant would purchase more valuable vehicles in the name of the party and loan the vehicle as security.

When a loan is fully repaid, a heavy vehicle shall be identified and installment payments shall also be arranged.

“A false statement” was made.

However, the defendant did not have the intention or ability to succeed to the name of the vehicle and the installment payment even if he/she purchased a used vehicle with a loan borrowed in the name of the victim, and there was no intention or ability to pay the installments to be borrowed on behalf of the victim.

In this respect, the Defendant above.