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(영문) 광주지방법원 2018.01.11 2017고단4065
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Dissenting] On May 3, 2011, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the above sentence on May 1, 2013. On August 10, 2017, the Gwangju High Court sentenced the Defendant to six years and six years of imprisonment for the crime of fraud, etc., which was sentenced to imprisonment for six years and six years, and six years of imprisonment for the subsequent crimes, which became final and conclusive on August 20, 2011. However, only six years of imprisonment for which judgment could have been rendered simultaneously with each of the crimes of this case was stated.

On November 14, 2017, the above judgment became final and conclusive.

[Inasmuch as the facts charged are colored, it is the same structure as the fraud of the instant court 2016 high 10 cases, which is the case related to the Defendant, which is the same as the fraud charge of the instant case, and it was deemed that it was compressed and thus did not be revised separately

The Defendant, in Gwangju North-gu, operated an office with the trade name of "C" and recruited those who were in need of urgent money from "C" to report on advertisement, such as lack of business funds and payment of credit cards, and had them purchase vehicles with installment loans through installment financing companies, and had them buy money by means of borrowing money from a third party as security or selling vehicles.

On February 11, 2014, the Defendant applied for a loan of KRW 20 million to a bank account in the name of H on the condition that the Defendant would pay KRW 740,000 per month a monthly installment between 36 months and 36 months on the security of another passenger car in the name of H, which was found in the “G” partnership with the victim FF corporation in Seo-gu, Seo-gu, Gwangju, for a credit card payment, etc. in 2008.

However, even if the defendant purchases the vehicle in the name of the applicant for the loan, he can only pay a part of the installment by the method of return, and did not have the intention or ability to pay the full installment, and he shall provide the purchased vehicle as security to a third party

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