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(영문) 대구지방법원 서부지원 2019.01.30 2018고단3338
사기
Text

A defendant shall be punished by imprisonment for six 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

[criminal record] On May 31, 2018, the Defendant appealed to the Daegu District Court by having been sentenced to one year of imprisonment for a crime of fraud, and on November 2, 2018, sentenced five months to imprisonment for the same court, and the judgment became final and conclusive on January 8, 2019.

【Criminal Facts】

1. On May 9, 2016, the Defendant made a false statement to C Commercial Group in Daegu Seo-gu, Daegu High School D, stating that “A passenger car cannot be purchased under the name of a person with bad credit standing in the city is borrowed under four names, and Ecoos may be purchased, and installment payments and taxes will not be damaged if internal payments are made faithfully.”

However, in fact, the Defendant had a debt equivalent to KRW 125 million without any specific property, and there was no certain amount of income, and the Defendant was unable to pay the monthly salary to the employees, so the Defendant did not have any intent or ability to pay the installment of the Ecuas car even if the Defendant purchased the Ecoos car and delivered it to the Defendant.

The Defendant, by deceiving the victim as such, had the victim take out a loan of KRW 42 million through the E-China loan, and had the victim purchase one motor vehicle of F Cub, and acquired the above E-Co motor vehicle by delivery.

2. On December 23, 2016, at around 15:00, the Defendant made a false statement to the victim H on the 9th floor of the Gangnam-gu Seoul Metropolitan Government G Building, stating, “If the Defendant operates a coffee plant, educates new users, give a large amount of subsidies from the Government, leaves fish-raising profits, and lends KRW 7 million, the Defendant would pay KRW 2.80,000 per month.”

However, in fact, the Defendant had a debt equivalent to KRW 125 million without any specific property, and there was no certain amount of income, and the Defendant was unable to pay the monthly salary to the employees, so there was no intention or ability to pay it even if he borrowed money from the victim.

The defendant deceivings the victim as such.

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