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(영문) 광주지방법원 순천지원 2017.09.22 2017고단1410
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 26, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court’s net support, and completed the execution of the sentence on December 8, 2015 at the Net Prison.

[Criminal facts]

1. The Defendant purchased a freight truck with a vehicle security loan in the name of another person, and attempted to provide funds by disposing of the truck immediately without providing it as security, in the name of another person.

On May 23, 2016, the Defendant offered a loan of KRW 98,00,000 to the injured party under the same name on the condition that he would pay KRW 2,524,852 each month between 48 months until June 1, 2020 and offer the said vehicle as security to the injured party Co., Ltd.

However, even if the defendant receives a loan from the injured party, the defendant did not have the intention or ability to provide the above vehicle as security or to repay the loan.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 98,00,000 in the name of the loan to the Agricultural Cooperative Account (F) in the name of E by the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. The father H of the Defendant’s fraud against the victim G was remarriedd with the victim G during up to eight years, and the victim G was the victim G’s fraud.

H was granted a loan from a M25 tons-type gold truck company in the name of H, and was engaged in the freight transport business by purchasing the 25 tons-type truck, and was in arrears from October 2015. On March 8, 2016, H borrowed KRW 22,00,000 from K, a motor vehicle dealer, around March 8, 2016, caused K to provide the above visible truck as a collateral.

Since then, H and I, who became aware of the fact that the Mez-type gold ticket is conducting a public auction procedure for the Mere truck, shall obtain additional loans.

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