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(영문) 광주지방법원 2016.09.09 2015고단1109
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 1, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Gwangju District Court for fraud, and on May 9, 2013, the said judgment became final and conclusive.

1. On March 19, 2012, the Defendant made a false statement on March 19, 2012 to the victim B, who was aware of the fact in front of the three-dimensional apartment located in the Gangdong-gu, Gwangju, Gwangju, to the effect that “The Defendant would make payment within 3-4 months, on the loan of KRW 12 million as the purchase fund for used cars is required.”

In fact, the Defendant had intended to borrow money from the injured party to engage in a loan business using a vehicle which is not a used vehicle sales business, but a used vehicle. However, the profitability was uncertain due to the lack of experience, and even if the Defendant had already contributed to a financial institution and credit card debt amounting to KRW 100 million without its own capital and borrowed money from the injured party, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 12 million won from the victim for the purpose of borrowing money from the victim, and acquired it by fraud.

2. On March 28, 2012, around March 28, 2012, the Defendant made a false statement to the victim that “Around March 28, 2012, the Defendant would not purchase a used vehicle by obtaining an automobile installment loan under the current name of the Defendant’s name.” As such, the Defendant made a false statement to the effect that “Around March 28, 2012, the Defendant would receive an automobile installment loan under the name of the Defendant from the capital capital to pay the monthly installment loan without the mold, and that the Defendant would transfer ownership by receiving the said debt after three to four months.”

In fact, the Defendant did not have experience in the used vehicle sale and purchase business or the vehicle security loan business, and the profitability was uncertain. The Defendant received a loan of about KRW 100 million from the Lanno Capital to the injured party and purchased a heavy shower car in the name of the injured party, but did not have any intent or ability to pay the installments or transfer ownership in the name of the accused.

The defendant.

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