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(영문) 서울중앙지방법원 2018.09.13 2018고단1149

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates D and E in order to run the transportation business, and the victim C is a person who mediates the vehicle security loan to Nonghyup Capital, etc., and where the debtor who received the vehicle security loan through the victim's arrangement fails to perform his/her obligation to repay the obligation, the victim shall be liable for the repayment on his/her behalf.

On the other hand, as the financial situation of the above company operated at the time is not good, the defendant repaid his obligation to prevent so-called return, and the defendant tried to use the vehicle security loan as the company's operating fund even if the defendant received the vehicle security loan through the victim's mediation, and there was no intention or ability to purchase the vehicle to register the establishment of the right to collateral security on the vehicle.

1. On March 18, 2015, the Defendant concluded a false statement to the effect that “Around March 18, 2015, the Defendant would purchase a G Cargo to arrange for a loan of KRW 63 million to the Defendant at the office of the Co., Ltd., Ltd. (F 604, Young-gu, Young-gu, Young-gu.) and then make a false statement to the effect that the Defendant would make a registration of establishment of a collateral security on the said vehicle after purchasing the G Freight to arrange for a loan of KRW 63

The Defendant, by deceiving the victim, applied for a loan to the Nonghyup Capital with the mediation of the victim, and then repaid the loan with the loan of KRW 63 million from the Nonghyup Capital, or purchased the vehicle, and did not complete the registration of the establishment of the right to collateral security, thereby having the victim make the payment on behalf of the victim on January 15, 2016.

2. On June 1, 2015, the Defendant concluded a false statement to the effect that “Around June 1, 2015, the Defendant, at the office of the Co., Ltd., Inc., Ltd., the Young-gu Seoul Metropolitan Government F505, arrange the Defendant to lend KRW 63 million to the Defendant, who purchased the Defendant’s cargo vehicle and then would make a registration of establishment of the right to collateral security on the said vehicle.”

The Defendant, by deceiving the victim, applied for a loan to the Nonghyup Capital with the mediation of the victim, and then applied for KRW 63 million from the Nonghyup Capital.