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(영문) 서울중앙지방법원 2018.03.28 2017고단9108
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 14, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on March 5, 201, and the execution of the sentence was terminated at the Gwangju District Court on March 5, 2012. On September 4, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny and one year and six months from the Seoul Central District Court on September 4, 2015, and the judgment became final and conclusive on October 29, 2015.

On December 22, 2017, the Defendant was sentenced to imprisonment with prison labor for robbery at the Seoul Central District Court and was sentenced to two years and six months, and is still pending in the appeal court.

On November 2012, the Defendant: (a) purchased a vehicle from a person called “C” and purchased a secondhand loan in the name of the Defendant, and (b) purchased a vehicle to transfer it to “C” in the name of the Defendant, while he was living in a know-how in Seoul Station; and (c) acquired a secondhand loan in the name of the Defendant, and went it to “C”.

Accordingly, the Defendant appears to have written indictment on November 20, 201, which appears to be a clerical error in the phrase “as of November 20, 2011” in the indictment around November 20, 2012.

At a 1 Dong office, Bupyeong-gu, Incheon, the head of Dong office issued a certificate of the personal seal impression necessary for the purchase and loan of the company, and deliver the certificate to "C" along with the head of the defendant's personal seal impression to obtain a second loan under the name of the defendant, and the "C" applied for a second loan of KRW 15 million while purchasing a high-priced car in the name of the defendant at the Incheon branch office, Inc., the victim Hyundai Capital Co., Ltd., Ltd. around November 21, 2012.

However, in fact, the Defendant had no intention or ability to repay the borrowed loan in accordance with the agreement because he had been living in the old place in Seoul Station and did not have any property or profits.

Ultimately, in collusion with “C”, the Defendant, as seen above, by deceiving the victim as above, and by receiving delivery of KRW 15 million from the victim as a middle and high-speed loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A supplementary statement of E's complaint;

1. The filing of a complaint, and details of loans;

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