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(영문) 대전지방법원 2020.03.18 2019고단4765
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 8, 2019, the Defendant prepared and submitted a mid-to long-term and long-term agreement on debate to the effect that he/she would lend KRW 40 million to the victim D Co., Ltd. while purchasing a medium-to-medium BM C vehicle through the middle and high-speed broker B, which he/she became aware of as a result of the introduction by the branch of the branch.

However, without certain occupation, the Defendant was in the state of 32 million won for obligations such as bonds, etc., and the Defendant purchased the vehicle without checking the condition of the vehicle, and thought that the vehicle would be sold to a third party or provided as a collateral and did not have the intention to repay the loan.

Accordingly, the Defendant, by deceiving the victim as above, had the victim pay 40 million won to the account of the F organization in the name of the seller E, a seller of the second class, in the name of the loan, and acquired economic benefits equivalent to the same amount.

2. On February 21, 2019, the Defendant: (a) purchased a KS9 H vehicle through a middle and high-speed broker B, which he/she became aware of as a result of the introduction of the branch; and (b) made and submitted a credit transaction agreement to the victim I Bank to the effect that the vehicle will be lent KRW 40 million to the victim I Bank as security.

However, without any specific occupation, the Defendant was in the state of 32 million won for obligations such as bonds, etc., and the Defendant did not have the intent or ability to repay the loan because he/she did not intend to provide a third party with a loan by selling a vehicle to a third party or providing it as a security

Accordingly, the Defendant, by deceiving the victim as above, obtained 40 million won from the victim as a loan from the victim and acquired it through the J Union account (Account Number:K) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint (D Co., Ltd. and I)

1. Lritten statements;

1. The agreement of middle and long-term debate, each motor vehicle register, calculation details of earlier termination, respectively.

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