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(영문) 전주지방법원 2016.04.11 2016고단243
공문서변조등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On November 201, 2012, the Defendant: (a) requested the said victim to grant a loan and purchase a vehicle in the name of the said victim at a mutually influent restaurant located in Samcheon-dong, Samcheon-gu, Samcheon-gu; (b) within six months, the Defendant transferred the vehicle under the name of the said victim and paid the loan by installments.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time, the defendant did not have the intention or ability to repay the loan due to the lack of special property or income as the bad credit standing.

Around November 9, 2012, the Defendant: (a) by deceiving the victim; (b) obtained the consent for the lending of the name from the injured party; (c) obtained the loan from Aju Capital Co., Ltd. as the debtor; and (d) did not repay the amount equivalent to KRW 89,350,350,000 among them; and (d) thereby obtaining the victim’s pecuniary benefits.

2. Around March 13, 2013, the Defendant made a phone call to the victim and made it possible for the said victim to obtain a loan and purchase a vehicle under four names. On the other hand, the Defendant made a false statement to the effect that, after a few months, he/she would not be aware of any damage to thener, such as moving a vehicle under the name of the victim and taking responsibility for paying a loan.

However, at the time, the defendant did not have the intention or ability to repay the loan due to the lack of special property or income as the bad credit standing.

The Defendant, by deceiving the victim, obtained the consent of the lending of the name from the injured party, and then obtained the loan of KRW 87 million from the non-SP Capital Co., Ltd. as the obligor on March 15, 2013, and used the amount equivalent to KRW 79,275,265, out of which the Defendant failed to repay the amount equivalent to KRW 79,275,265, thereby obtaining the victim’s pecuniary profit.

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