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(영문) 울산지방법원 2018.06.28 2018고단320 (1)
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2013, the Defendant was sentenced to three years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on March 21, 2013, and the judgment became final and conclusive on November 22, 2013, and was sentenced to six months of imprisonment for a crime of fraud, etc. at the Cheongju District Court on November 22, 2013,

When purchasing high-class used cars, the Defendant acquired cars under the name of another person, using the fact that the Defendant would be able to lend money equivalent to the difference by lending cars to a more amount than the purchase price of used cars at a financial institution, and not only can it lend funds to the public, but also can take more money if it is sold again or offered as a security, and acquired them by taking out loans from the victim Aropoth and the victim's modern capital.

On March 201, the Defendant: (a) had C, who wants to find employment through a seal in the mutual influent car page located in Seo-gu Incheon, Seo-gu, Incheon; (b) had C, who wants to find employment, prepare the relevant documents, such as an application for the loan of motor vehicle installments in its name; and (c) submitted the documents related to the loan as above to Aglusium, stating that “The Defendant would lend KRW 35 million, as C would normally make repayment in accordance with the time limit for the purchase of the motor vehicle (D and Ouss) to Aglusium.”

However, in fact, the above C did not intend to purchase the above car and operate or hold it actually, and the Defendant thought that it would dispose of the above car and prepare cash, and thus, the Defendant did not have the intent or ability to repay the loan even if it did not receive the loan from the injured party.

Nevertheless, the defendant deceivings the victim as above and received 35 million won under the name of loan from the victim on the 23th of the same month, and he also received 35 million won through two times in total as shown in the list of crimes below.

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