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(영문) 부산지방법원 2014.03.19 2013고단2708
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for night room, intrusion, theft, etc. at the Busan District Court, and completed the execution of the above punishment on October 2 of the same year.

[2013 Highest 2708]

1. Fraud against the victim C;

A. On January 15, 2013, the Defendant made a false statement to the effect that “If the Defendant borrowed a vehicle under the name of aner to purchase the vehicle, the loan will be repaid at the cost of the vehicle,” at the victim C’s house located in Busan Jin-gu, Busan.

However, the defendant did not have the intention or ability to repay vehicle loans.

The Defendant, upon receipt of the victim’s consent to obtain a loan from the victim’s name, received the victim’s seal impression book, identification card, etc., and obtained a loan of KRW 13,500,000 in the victim’s name, and purchased a EMoern franchise vehicle, but did not repay the loan, thereby acquiring financial benefits equivalent to the same amount.

B. On January 28, 2013, the Defendant made a false statement to the victim C that “The Defendant would necessarily redeem the loan from the lending company in the name of the lender within one month if he/she received the loan from the lending company in the name of the lender.”

However, the defendant did not have the intention or ability to repay the loan to the victim.

The Defendant received 4 million won in cash from two lending companies on the same day from the victim, and acquired it by fraud.

2. Around 14:00 on February 18, 2013, the Defendant made a false statement to the victim F that “A vehicle would be purchased with KRW 6.5 million on the front side of the Newup Bank located in the Newup Bank located in the Seosan-dong, Busan Metropolitan City. A vehicle will be repaid with KRW 8 million within a week on the face of a week with a loan granted in the name of aner.”

However, the defendant did not have the intention or ability to repay the loan to the victim.

The defendant receives a loan from the new bank from the victim.

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