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(영문) 청주지방법원 2016.04.07 2015고단182
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, embezzlement against the victim J is acquitted.

Reasons

Punishment of the crime

[2015 order 182] The defendant purchased a vehicle with a loan from a third party in the name of the capital company at the request of K several times and paid money from the lending company to K.

1. On July 11, 2013, the Defendant against the victim L, who borrowed money to the victim L through the above K, from around July 1, 2013, to ensure that there is no problem of lending only 30 days to the victim L, who borrowed money from the name of the recipient of the loan due to a sudden reason.

“.....”

However, in fact, the defendant purchased the vehicle with the loan from the above K company in the name of the victim L who is the wife of the above K, and had a plan to receive the loan as collateral, but did not intend to repay the loan from the victim in the name of the victim, and the credit service provider did not have any specific property or income and did not have the ability to repay the loan to the capital company due to the lack of any other property or income in the status of the loan with about 200 million won.

In doing so, the Defendant: (a) by deceiving the victim as above, received a copy of the victim’s resident registration; (b) two copies of the certificate of personal seal impression; and (c) using the written application for installment financing from the victim on July 23, 2013; (b) purchased a low-priced paint in the name of the victim on July 23, 2013; (c) provided the said vehicle as security to JB Korean Capitals; and (d) borrowed KRW 20,90,000 in the name of the victim.

Accordingly, the defendant, by deceiving the victim, had the victim bear the loan of KRW 20.9 million, and acquired the pecuniary benefits equivalent to the same amount.

2. On August 2013, the Defendant: (a) received a victim’s seal impression certificate, resident registration certificate, and a trade contract from the victim G, and received the victim’s seal impression certificate; and (b) around August 20, 2013, upon receipt of the victim’s request to purchase a motor vehicle from the victim G located in Pyeongtaek-si located in Pyeongtaek-si; and (c) received the victim’s name around August 20, 2013.

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