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(영문) 창원지방법원 통영지원 2016.12.22 2016고단982
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2016 Highest 982"

1. In the course of operating “D” from around May 2009, the Defendant borrowed approximately KRW 700 million from the end to the end when economic difficulties arise due to the unreasonable expansion of business around May 2014. Nevertheless, as a result of the shortage of funds, the Defendant: (a) deceiving the lending company as if the Defendant would purchase and operate a used vehicle without any intention or ability to purchase and operate the used vehicle; (b) purchased a used vehicle from the lending company, and immediately sold it to a third party; and (c) purchased a used vehicle with a borrowed vehicle from the lending company and immediately sold it.

On January 9, 2015, the Defendant prepared an application for a loan of KRW 46 million at F Hotel located in Songpa-gu Seoul, Songpa-gu, Seoul around January 9, 2015, and made a false statement to the effect that the Defendant would offer a vehicle as security and have payment within 48 months if he/she lent KRW 46 million to an employee of the victim K Savings Bank through the vehicle dealer at the exhibition of Han Light-gu Co., Ltd.

However, in fact, the defendant did not have the intention or ability to purchase and operate the vehicle, and there was no intention or ability to repay the loan.

Nevertheless, the Defendant received 46 million won as a loan from the victim on the same day.

B. On February 4, 2015, the Defendant, at the same place around February 4, 2015, prepared an application for a loan of KRW 80,000,000 for the purchase price of HW wing vehicles, and then planned to purchase and operate a used vehicle to the employees of the victim savings bank company via the IF company. If the Defendant borrowed KRW 80,000,000 for the purchase price of the vehicle, it will offer the vehicle as security and make reimbursement within 48 months.

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