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(영문) 대구지방법원 2019.01.25 2018고단5292
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 2017, the Defendant was sentenced to four years of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on March 29, 2018.

around October 2016, the Defendant: (a) purchased a CAL NEW SS7 car under the name of B; (b) was unable to fully repay the loan principal and interest of KRW 24 million from D Co., Ltd. in the name of B to pay the purchase price; (c) was unable to repay the loan principal and interest of KRW 2,400,00 from D Co., Ltd. in the name of B; and (d) was urged to pay the loan principal and interest of the loan from B; and (e) transferred the car ownership under the name of F, introduced from D Co., Ltd. on January 2016, the Defendant was willing to receive the loan from D Co., Ltd. to repay the loan principal and interest

On January 21, 2016, the Defendant entered into a loan agreement with the victim I Co., Ltd. to “15 million won,” and the term of the loan was “36 months,” and the principal and interest repayment method was “an equal installment repayment of the principal and interest amount of KRW 526,620 on January 25, 201, in the middle of the middle of the name of “H” around the Seo-gu, Daegu.

However, the Defendant was aware of the fact that he had no intention or ability to repay the principal and interest of the above loan to F for the said passenger car owner without any particular income and property, and that F was treated by alcohol addiction, even though he was aware that he had no intention or ability to repay the principal and interest of the above loan.

Nevertheless, as such, the Defendant, as if he were to repay the above loans from time to time, had the staff in charge of the victim I Co., Ltd. transfer the above loans to a separate designated account.

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

The defendant of "2018 Highest 5947" is in the Daegu Dong-gu, Daegu around September 25, 2015.

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