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(영문) 대전지방법원 2016.04.05 2015고단3802
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to two years and four months of imprisonment with prison labor at the Daejeon District Court on January 15, 2015, and the said judgment became final and conclusive on March 18, 2015.

1. On April 2013, the Defendant: (a) borrowed from D the name to be used when receiving the rent for the vehicle of the freight truck to be shipped out of a police officer; and (b) conspired to arrange that E would normally use the freight truck to be shipped out of F Co., Ltd., a stock company it operates.

On April 24, 2013, the Defendant and E agreed to purchase one of the C Freight in the name of F Office of the E Management in Y located in Y, through H, an automobile seller, to borrow 70 million won from the victim Korean Capital Co., Ltd. as a purchase price, and to pay 10.5% annual interest rate for 60 months.

However, the defendant et al. did not have the intent or ability to repay even if they were given a loan from the victim company, and it was thought that they will export the cargo from the loan, or dispose of it in a large way.

Nevertheless, the defendant et al. conspireds with employees in charge of the victim company to receive 70 million won as a loan and acquired it by fraud.

2. On May 2013, the Defendant: (a) lent the name to be used when receiving a loan for the vehicle cost of the freight vehicle to be newly released from K, and (b) conspired to arrange that E would normally use the freight vehicle to be released from the F Co., Ltd. that it operates.

On May 10, 2013, the Defendant and E agreed to purchase the IF car in the name of D through H, a vehicle seller, to obtain a loan of KRW 70 million from the victim Korean Capital Co., Ltd. as a purchase price, and to make a installment payment at the rate of 10.5% per annum for 60 months.

However, the defendant et al. wishes to repay even if they receive a loan from the victim company.

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