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(영문) 서울중앙지방법원 2018.06.07 2018고단1688
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 23, 2009, the Defendant: (a) stated that the Defendant would pay the borrowed money immediately to the victim B at a non-permanent place; and (b) stated that the Defendant would lend money to the victim B.

However, the Defendant did not have any revenue around that time, and even if he borrowed money from the damaged person, there was no intention or ability to change it within a short period.

Nevertheless, the Defendant, as seen above, received 600,000 won from the injured party to the C bank account under the name of the Defendant, and acquired 42,340,000 won in total over 63 times from that time to March 29, 2012, as shown in attached Table 1, as well as from March 29, 2012.

B. On August 26, 2009, the fraud defendant related to the second installment loan in a non-permanent place on August 26, 2009, and the victim B “on the necessary part of one motor vehicle for business, and on the part of four, the principal installment on the part of the State agreed to lend the second installment purchase fund in the name of four.”

“.....”

However, the defendant had no intention or ability to repay the installment loan of the above vehicle even if he purchased and used the vehicle with the installment loan in the name of the victim around that time.

Nevertheless, the Defendant: (a) made the victim enter into a loan contract for the second installment in the name of Dongin; and (b) made the victim pay the second installment loan amount of KRW 384,914 on December 22, 2009; (c) from that time to March 17, 2010, the Defendant had the victim pay for the second installment loan amount of KRW 1,538,268 on a total amount of four occasions, such as the second installment loan in attached Table 2, from that time to March 17, 2010.

(c)

On March 24, 2010, the criminal defendant with respect to the fraud of the second installment loan was trying to replace the vehicle purchased with the installment loan from the victim B at a minor place on March 24, 2010, and in four names.

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