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(영문) 대전지방법원 2018.12.12 2018고단2544
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daejeon District Court on September 8, 2016, and the judgment became final and conclusive on September 20, 2016. On January 12, 2018, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment with prison labor and the judgment became final and conclusive on January 20, 2018.

Criminal facts

1. The Defendant, with the trade name of “B”, borrowed KRW 100,000 from the victim C, who was aware of in the course of operating a motor vehicle trading company, due to around 2012, he/she borrowed KRW 50,000 from around around around 2012.

2. Criminal facts committed by the Defendant, on March 2017, at the “E” car center in Seo-gu Daejeon, Seo-gu, Daejeon, the victim was unfortunate.

Money to be repaid;

(2) The court below did not pay the full amount due to the circumstances.

On the one hand, four money is to be repaid at the end of the day.

It is expected that the local government shall purchase used cars and borrow the vehicle with the profits remaining after selling it at each time, and shall pay in full the money that the local government has not repaid.

In order to purchase used cars at present, it is false that the vehicle will pay the principal and interest of the vehicle with the money of the shortage of money, as well as to pay the principal and interest of the vehicle at all times, and to pay the remainder of the vehicle that it has not repaid with the profits of the vehicle at 2012.

However, in fact, while the Defendant had been liable for KRW 100 million, while selling and buying used cars, the Defendant did not have any property other than KRW 3 million, which was punished, and even if he borrowed money from the damaged person for the purpose of purchasing used cars, such as lending money from another person on the condition of paying high interest, or repaying debts to another person on the condition of paying interest, etc., he did not intend to use the money as the sales price for used cars with the money, and the above money was first used.

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