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(영문) 청주지방법원 2015.08.20 2014고단1417
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. The criminal defendant against the victim D was preparing to operate the automobile transaction business from June 2013 to E and for the same business from around June 2013, while serving as a business employee in the automobile transaction business place. However, since the defendant's money was not sufficient, the vehicle transaction business place should be used for all the purchase cost of the vehicle necessary for the operation of the automobile transaction business place and the office operation expenses, and the vehicle secured for the automobile transaction business at the time was only one vehicle for the vehicle transaction business, and there was no particular property or income, and even if E borrows money from the victim D, his mother did not have the intent or ability to repay the principal and interest within the agreed period.

Nevertheless, around June 28, 2013, the Defendant: (a) in the “G” coffee shop operated by the victim located in Cheongju-si, a considerable amount of damage to the victim; (b) at this time, the Defendant: (c) borrowed KRW 50 million from the victim to the agricultural bank account in the name of the Defendant; (d) borrowed KRW 50 million; and (e) sold the vehicle. Around June 28, 2013, the Defendant sold the vehicle with interest of KRW 1 million. The vehicle sold the vehicle, stating that “I will complete the payment of the money, write down two months, write down the money, and return it.” (e.g., taking over KRW 50 million from the victim to the agricultural bank account in the name of the Defendant on the same day.

2. In addition to borrowing of KRW 50 million from D from D to D as stated in the above paragraph (1), the Defendant had the obligation to lend money from D from time to time to time in terms of the purchase cost of vehicles necessary for the automobile transaction business, as well as not less than KRW 100 million, while operating the said automobile transaction business, and there was no particular profit in the course of operating the said automobile transaction business. Unlike the fact that there was no property or certain income under the Defendant’s name, the Defendant did not purchase the vehicle from the victim H in terms of the purchase cost of the vehicle.

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