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(영문) 수원지방법원 안산지원 2014.09.30 2014고단1031
횡령등
Text

A person shall be punished by imprisonment with prison labor for not more than four months and by imprisonment for not more than ten months with prison labor for the crimes of Nos. 1 and 2 of the judgment of the defendant.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Suwon District Court's Ansan Branch, and the said judgment became final and conclusive on November 5, 201.

1. Around May 2011, the Defendant made a false statement to the victim C that “I would not purchase an automobile under the name of the owner of the automobile with a bad credit standing relationship. I would not pay back the automobile loan every month if I would lend the name to the owner of the automobile.”

However, the defendant had a debt of about one billion won in bad credit at the time, and even if he purchased a vehicle with a loan borrowed from the victim's name, such as the amount of tax in arrears reaches about KRW 500 million, he did not have the intention or ability to repay the loan.

Around May 13, 201, the Defendant purchased the E Launa vehicle in the name of the victim in the name of the victim and did not pay the 13.5 million won in the name of the victim in Hyundai Capital, when he purchased the E Launa vehicle in the name of the victim.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. Around June 2011, the Defendant made a false statement to the above victim that “a truck would have been operated as a box, making profits of KRW 7 million per month, but is not allowed to purchase a motor vehicle in its name because of credit influence. If a truck is leased from 2-3 months to 2-3 months, the Defendant purchased the truck, and the loan will be borne at home, and the name will be changed within 3 months after the date of the loan.”

However, the defendant had no intention or ability to repay the loan even if he/she purchased a motor vehicle with a loan borrowed in the name of the victim as stated in paragraph (1).

The Defendant purchased 11.5t G 11.5t trucks in Gwangju Metropolitan City in the name of the victim on June 17, 201 in the name of the victim, and did not borrow 29 million won in the name of the victim in the Eastyang Life Insurance.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

3. The Defendant around December 2012

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