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(영문) 인천지방법원 2014.01.09 2012고단75
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

【2012 Highest 75】 From the end of October 2010, the Defendants: (a) purchased a high-class car with a financial loan from Defendant A in the name of Defendant; and (b) decided to pay the said money in installments to YA company.

According to the above conspiracy, the Defendants colored the car purchased in the name of Defendant B in the vehicle as collateral loan form, and Defendant A made a false statement to the employees in charge of the above company loan at the victim Korean social office located in the Nam-gu Incheon Metropolitan City, Dong-dong 1124 around November 18, 2010, that “I will pay 83,621 won per month every 60 months from the loan of KRW 422 million to the employees in charge of the above company loan of the above company.”

However, in fact, even if the Defendants were to purchase a late-end car with only a debt without any special income at the time and with a loan from the victim, they immediately thought that they would sell it to the Lita company, and even if Lita received money from the company, they were thought to use it as an individual repayment, etc., so they did not have any intent or ability to repay the loan to the victim.

Accordingly, the Defendants conspired to induce the victim as above and received KRW 42.2 million from the victim on November 18, 2010 as the purchase cost of vehicles around November 18, 2010.

【Defendant B is not a person handling narcotics, etc.】

Nevertheless, Defendant B:

1. On March 8, 201, from E, approximately 0.16g of the psychotropic drugs, contained in the first-use injection machine from Nam-gu Incheon Metropolitan City Down on March 8, 201, namely, the Melopon (i.e., Melopon; hereinafter referred to as “philopon”);

3.9.14:00 purchase phiphonephones by means of remitting 200,000 won to the National Bank Account (F) in the E name;

2. On April 3, 2011, around 12:30, 201, remitted KRW 3.90,000 to the national bank account in the above E’s name, and purchased 0.4g philopon from E on the front day of the above D lending at around 23:00 on the same day.

b)a summary of the evidence;

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