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(영문) 서울중앙지방법원 2018.12.20 2017고단7075
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Records] On August 16, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on the 24th of the same month.

[ criminal facts] On April 4, 2013, the Defendant tried to lend money to the victim D in the “C” coffee shop located in Gangnam-gu Seoul, Seoul, to purchase another vehicle with the said money and lend it to the people.

The BMW520 (Motor Vehicle Number E), which is a company vehicle, shall be used for one month during the loan of KRW 13 million, and the money will be repaid on May 4, 2013.

Vehicles provided as security are vehicles without any problem.

“A false representation was made.”

However, the above vehicle provided by the defendant is not a vehicle owned by the defendant as a company registered as the representative director, but a vehicle owned by G, which is not wholly owned by the defendant and is not owned by the defendant, and cannot be provided as a security without the above owner's consent. In addition, even if the defendant borrowed money from the defendant due to bad credit standing in 2011 and without any particular property, he did not have the intent or ability to repay it as agreed, even if he borrowed money from the

The Defendant, by deceiving the victim as such, received from the victim, the amount of KRW 13 million from the victim’s wife H through the account of the victim’s wife H to the (State) corporate bank account in the name of the victim, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Each police statement made to H and J (investigative record 17 pages, 171 pages, 601 pages, 601 pages);

1. The loan certificate;

1. Inquiries about details of transactions (K Bank);

1. The police opinion of the police involved in the theft crime of Permitted Police Station, A statement protocol, etc.;

1. Investigation report (Confirmation of Details of Account Transactions in F.C.);

1. Business registration certificate, account transaction details, etc.;

1. Investigation report (to telephone calls from a witness, M telephone conversations from a witness, J telephone from a witness, and investigation into witnesses G);

1. Automobile registration certificate;

1. Previous convictions in the judgment: the sentences and investigation reports (suspects).

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