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(영문) 서울북부지방법원 2019.01.24 2018고단4441
사기
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

1. On August 2017, the Defendant: (a) was engaged in transportation business for the victim B, and was aware of the need for business funds, and (b) was offered by the borrower C to perform the loan by pretending to purchase a heavy vehicle from the borrower C, and (c) consulted C with respect to the preparation of specific documents.

In fact, the defendant did not have a plan to purchase used cars and did not have the intent or ability to repay even if he borrowed money from the victim B corporation as the purchase price for used cars.

Nevertheless, on September 5, 2017, the Defendant, at the victim's office in Seongdong-gu Seoul Metropolitan Government (Seoul) around September 5, 2017, had the victim enter into a loan contract on the same day as the victim, and had the victim pay KRW 29 million to C for the purpose of the loan, as if the Defendant applied for the loan in order to purchase Esch Rexroth car.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

2. The Defendant, as above, did not have a plan to purchase used cars, and did not have any intent or ability to repay the money even if he borrowed money from the victim FF FF corporation as the purchase price for used cars. In fact, the Defendant was able to borrow money as if he purchased a used vehicle with C and her mother, and used it as a business fund after receiving a loan as the purchase price for used cars.

Nevertheless, on September 6, 2017, the Defendant, at the office of the victim in Daejeon-gu, Daejeon-gu, had the employee who could not know the name of the victim in order to purchase H-car, and had the victim enter into a loan agreement on the same day as the victim, and had the victim pay KRW 15 million to C.

Accordingly, the defendant conspireds with C to make the victim.

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