(영문) 대전지방법원 2019.09.25 2018고단3375

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(영문) 대전지방법원 2019.09.25 2018고단3375

사기

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 2017, the Defendant rendered a false statement to the victim D at the C coffee shop in Seo-gu Daejeon, Daejeon, that he/she could not file an application for registration of transfer of ownership in his/her own name because he/she obtained a loan from the victim under the name of the victim and transferred the principal and interest of the loan to his/her own name after two months.

However, even if the defendant purchased a vehicle under the name of the victim, he/she was thought to dispose of the vehicle, and there was no intention or ability to change the name of the loan or to repay the principal and interest of the loan.

On February 6, 2017, the Defendant enticed the victim as such, and caused the victim to purchase a F UAD car with a loan of KRW 50 million in installments from the KAD Co., Ltd. on February 6, 2017, and paid off only a loan of KRW 5.2.6 million, and the said AFD car was disposed of to G on February 24, 2017, and acquired financial benefits equivalent to the said amount by unfairly disposing of the debt of KRW 4,474,00 in installments loans of KRW 5.2.6 million.

2. On February 13, 2017, the Defendant: (a) sold a passenger car owned by the victim and lent the proceeds to the said victim, which requires the funds for the operation of the gas station at the said coffee shop; (b) made a false loan to the said victim by operating the game room without a framework of up to 15 days; and (c) received an additional operating fund.

However, as the defendant did not operate a game room, he was scheduled to use the game room for other purposes even if he borrowed money from the victim, and there was no intention or ability to pay it.

On February 13, 2017, the Defendant: (a) by deceiving the victim as such; (b) transferred KRW 70 million out of the sales proceeds of the said vehicle to the J bank account in the name of I under the pretext of borrowing money from the victim; and (c) obtained KRW 8965,00 from the transfer to the J bank account in the name of K to the J bank account in the name of K.

Summary of Evidence

1. The defendant's partial statement 1.1.

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