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(영문) 인천지방법원 2014.04.23 2013고단6884
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for a crime, such as fraud, at the Incheon District Court on May 31, 201, and the above judgment was finalized on November 25, 201. On May 31, 2011, Defendant B was sentenced to two years of suspension of execution on September 15, 201 by imprisonment with prison labor at the Incheon District Court on May 31, 201.

Defendant

B listen to the horses that lack of business funds from Defendant A on January 2010, 2010, Defendant A purchased a heavy vehicle with no knowledge of an accident vehicle due to Defendant A’s failure to deal with insurance, and the lending company suggested that Defendant A use it as business funds, etc. by receiving a loan based on the normal middle and high-ranking price.

Accordingly, Defendant A made a false statement to the effect that “F office” in the “F office for the operation of the Victim E, which is located in the Nam-gu Incheon Metropolitan City, was a “F office” of the victim E in early February 2010, to the effect that a vehicle is needed to work as a company, and a vehicle is purchased with a loan of KRW 30 million and the loan is to be repaid.” If the loan is not repaid, Defendant A made a false statement to the effect that the vehicle is to be paid if it is not repaid.”

In addition, after Defendant A received documents in the name of the injured party, Defendant B provided a low-speed car equivalent to KRW 30 million as security and received a loan of KRW 30 million from Defendant A, and submitted an application for a loan of high-class loan of KRW 30 million to Solomon Mutual Savings Bank in the name of the injured party.

However, in fact, Defendant A purchased a low-priced car equivalent to KRW 7 million, which is an accident vehicle, and thought that the amount of KRW 20 million, excluding the loan-related expenses, would be used as business funds, etc. At the time, Defendant A did not have an intention or ability to pay it normally even if he was paid a debt of KRW 100 million or more in the name of the victim.

Defendant

B In addition, the fact that Defendant A is aware that the total amount of the loan is used as the purchase fund after receiving a loan from Defendant A as a normal high-ranking vehicle, and that Defendant A is economically difficult.

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