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(영문) 전주지방법원 2017.09.26 2017고단1280
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 6, 2016, the Defendant borrowed KRW 30,000,000 to the person in charge of loaning the name and influenite of the Victim’s Savings Bank Co., Ltd. from the used cars trading complex located in the Incheon Dong-gu, Incheon, and KRW 927,360 each month between the 48-month period and the 48-month period.

“.......”

However, in fact, the Defendant had failed to pay the amount equivalent to KRW 1550,000,00 which should have to be paid after being subject to criminal disposition on a separate basis in the past, and the Defendant did not have any intent or ability to pay the above loans properly because there was no money remaining when excluding living expenses from monthly pay.

As such, the Defendant, by deceiving a person in charge of lending of the victim company, received 30 million won from the victim company for the same day through a person in charge of lending, and acquired it as a loan.

2. In order to secure 30 million won of the above loans, the Defendant: (a) purchased a cub car (B) from the victim company at the time and place specified in paragraph (1); and (b) made a mortgage on the said cub car as the victim company on the said cub car in order to secure 30 million won of the above loans; and (c) set up a mortgage on the said 30 million won.

On October 2016, the Defendant borrowed KRW 5 million from a credit service provider called "C", which was called a policeman at early 2016, and opened a cub car in the above B, along with a letter of renunciation of the vehicle. The Defendant paid only three installments, and did not pay the installments thereafter, and the employees of the victim company attempted to exercise a mortgage on the cubic car in the above B, but as such, the Defendant concealed the cubic car as security to the credit service provider, thereby hindering the exercise of the mortgage right by the victim company.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (related to checking the status of the suspect's property and orders to suspend the operation of automobiles);

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