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(영문) 서울서부지방법원 2014.01.17 2013고단2169
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who has been sead with a used motor vehicle, and the victim C (the age of 31) is the wife of the defendant due to the birth of the defendant's wife D, and the victim E (the age of 36) is the husband of the above C and the defendant is the same as the husband of the above C.

1. Around September 8, 2011, the criminal defendant against the victim C expressed that “I want to purchase a vehicle by franchising it, I would have to obtain a loan from the victim. I would have to pay the principal and interest of the loan if I would have received the loan under the name of the wife.”

However, at the time, the defendant did not have the ability to pay the money normally even if he received the money from the victim due to the lack of fixed income or assets.

As above, the Defendant made the victim’s false statement, and had the victim borrow KRW 23 million from Hyundai Capital Co., Ltd. at 36 months of loan period and interest rate of KRW 26.5% per annum, and acquired the above KRW 23 million from the victim on the same day.

2. Around September 4, 2012, the Defendant: (a) sought at the I company office where the victim works at H in Yangju-si, Yangju-si, that “If the purchase fund is insufficient to catch used cars, the installments would be repaid every month.” (b) if the Defendant received a loan from the purchase fund under the name of the said office, the payment shall be made every month.

However, at the time, the Defendant did not have fixed income or property, and the Defendant had to pay the principal and interest of the vehicle security loan amounting to KRW 400 million each month with the vehicle security loan amounting to KRW 200 million,000,000 per month, and there was no ability to pay the amount normally even if it was received from the victim.

The Defendant, as above, makes a false statement to the victim and caused the victim to do so, to the loan period of KRW 25 million from Korea, 36 months and interest rate.

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