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(영문) 대구지방법원 포항지원 2019.01.30 2018고단638
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2013, the criminal defendant against the victim B made a false statement to the victim B through E from the D points located in the south-gu Sinpo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the effect that “A vehicle cannot be registered in the future due to a problem in the domestic financial institution will be purchased in the name of one month if he/she purchases a vehicle in the name of another. I would request to purchase a vehicle in the name of another.” At that time, the defendant continued to make a false statement to the effect that “A vehicle will be sent during the registration fee and pay the vehicle installments. I will make a transfer of name after the two months and pay the installments without the mold.”

However, at the time of a low credit rating, the Defendant could not transfer the vehicle under the name of the Defendant even if the Defendant purchased the vehicle in the name of the victim in a situation where it is impossible to purchase the goods in installments, as well as the loan of a financial institution due to a low credit rating of class 8. Moreover, the Defendant paid a part of the vehicle installments to the Defendant with the investment funds, etc. received by establishing the company called the (i)F, a company established around November 18, 2013 and closed its business on or around June 30, 2015, which was difficult to obtain any actual profits in the circumstances where there was no actual payment of value-added tax return or tax with the National Tax Service and there was no regular transaction and there was no intention or ability to continuously pay the vehicle installments every month, even if the Defendant purchased and transferred the vehicle in the name of the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received from the victim the victim, a serious amount of KRW 23,00,000 at the market price of KRW 23,00,000, which was purchased in the name of the victim through E around that time, and acquired it by fraud.

2. The criminal defendant against the victim I may receive 2.1 million won fixed monthly income if he/she lends 30 million won to the victim I at the location of D points located in the south-gu port from November 201, 2013 to September 19 of the same month.

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