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(영문) 대전지방법원 2013.12.11 2013고단2651
사기
Text

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

Reasons

Punishment of the crime

On March 15, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on March 15, 2013, and the judgment became final and conclusive on March 23, 2013, and is currently under suspended sentence, and is serving as C organization president from around 2005.

1. On June 10, 2010, the criminal defendant against the victim D provided that "if business funds are required, he/she will make a loan to the victim D (hereinafter referred to as 52 years of age) with the interest of 10% per month attached thereto, he/she would make a payment without any mold at the coffee shop located in Eunpyeong-gu Seoul Metropolitan Government." Around June 10, 2010, around June 10, 2010, the defendant was granted KRW 10 million on or around July 6, 2010, and KRW 40 million on or around August 18, 2010, and KRW 40 million on or around July 6, 2010.

However, at the time of fact, the defendant did not have any intention or ability to pay his personal debt amounting to KRW 180 million, and even if the defendant borrowed money from another person due to the shortage of operating expenses of C organizations with the chairperson, the defendant did not have any intention or ability to pay his personal debt amounting to KRW 10 million each month.

Accordingly, the defendant deceivingd the victim D and acquired the victim D a total of KRW 40 million through three times from the victim D.

2. On September 1, 2010, the criminal defendant against the victim E wanted to purchase the vehicle for business of the victim E, who is the victim E, a second class buyer, from the Gangnam-gu Seoul FAdong 327 office, and from the victim E, the victim E, a second class buyer, to purchase the vehicle for business of the organization that he/she is the Chairperson, as the vehicle for the 2007 FAdong 327.

Alternatively, TG car payments remain 5,700,000 won, which are operated within the country, will be sold.

Around September 9, 2010, the victim E opened a car of 2007 benz550, the market price of which is 85 million won or more from the victim E, and calculated the defendant's franchise as 10 million won and paid the remainder of 75 million won in installments by the defendant.

However, the franchise from the defendant is the end of the defendant's vehicle.

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