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(영문) 광주지방법원 2014.04.30 2014고단260
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 26, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Gwangju District Court on December 26, 2012, and the judgment became final and conclusive on January 3, 2013.

Criminal facts

1. On October 21, 201, the Defendant concluded that “The Defendant would purchase the vehicle under the name of the transfer registration and pay the installment in the name of another person and transfer the ownership of the vehicle in another person to prevent damage to thener by purchasing the vehicle in the name of the other person, on the face of the State that he/she lent the vehicle in the name of the transfer registration to purchase the vehicle in the name of the State where he/she would use the NA for taking over the NA operating expenses within the territory of the Republic of Korea, and to purchase the vehicle again in the name of the four names.”

However, the defendant did not have intention or ability to pay installments or change the name of the vehicle transfer registration again.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 9,685,710 from Hyundai Capital Co., Ltd. to receive KRW 9,685,710 in the name of the victim.

2. The Defendant, around November 23, 201, at the I office operated by the victim A in Yong-gun, Yong-gun, Yong-gun around November 23, 201, purchased the victim with a five-dimensional processing machine and sold it again, and then would make the payment for the payment for the said Vietnam-style vehicle in order to raise the victim’s profits from the purchase of the five-dimensional processing machine and then sell it again, and pay the borrowed money.

However, even if the Defendant borrowed money from the victim in the absence of any special property or income, and the Defendant did not have any intent or ability to pay the installment for the vehicle or to repay the borrowed money. Nevertheless, the Defendant, by deceiving the victim as such, received the money from the victim to the account of community credit cooperatives in the name of the Defendant as the borrowed money, on the same day. 3. On December 1, 201, the Defendant called the victim at a closed place and called the card to A.

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