(영문) 광주지방법원 2020.07.23 2020고단447

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(영문) 광주지방법원 2020.07.23 2020고단447

사기등

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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 17,00,000 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

[200 Highest 447] The Defendant is a person who is engaged in the middleest trading intermediary.

Around November 13, 2018, the Defendant planned to lend money to the victim B to pay the said debt and so-called “competing” on the ground that: (a) the amount of KRW 4.23 million borrowed from C was overdue; and (b) other creditors were also liable for approximately KRW 6-70 million; and (c) there was no good financial situation.

1. Around May 13, 2019, the Defendant made a false statement to the victim B, stating, “I will loan KRW 9 million to the victim B while I want to purchase the Czedo vehicle, and I will also obtain a loan from the capital and pay the loan to the victim B by taking the vehicle as security.”

However, the Defendant, as seen above, was thought to use the so-called “defensive” such as paying the existing debt with the money borrowed from the victim because of the fact that the financial situation at the time was not good, and thus, even if borrowing money from the victim, the Defendant did not have the intent or ability to purchase the vehicle and receive the loan from the victim to repay the borrowed money.

On May 13, 2019, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim as the purchase price for the vehicle, and acquired it by fraud.

2. On June 14, 2019, the Defendant made a false statement to the effect that “The Defendant would immediately sell and repay the rocketing vehicles to the victim by lending KRW 8 million to the Plaintiff for purchasing the rocketing vehicles.”

However, the Defendant, as seen above, was thought to use the so-called “defensive” such as paying the existing debt with the money borrowed from the victim because of the fact that the financial situation at the time was not good, and thus, even if he borrowed money from the victim, he did not have the intent or ability to purchase and sell rocketing vehicles and sell them to repay the borrowed money from the victim.

The Defendant is as above.

유사 판례

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-서울서부지방법원 2015.09.23 2014고단3468

-전주지방법원 2015.06.25 2014고단2154