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(영문) 수원지방법원 안산지원 2014.05.27 2013고단2157 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant and C also run credit business, such as vehicle security loans, in the trade name of “D” from December 201 to July 2012.

On June 8, 2012, the Defendant conspired with C, and made a false statement to the victim F, “When investing money, the Defendant loaned a vehicle in the name of the obligor as security, and if the obligor fails to repay the principal within one week, he/she would dispose of the secured vehicle and pay 3% interest and principal within 10 days.”

However, in fact, the Defendant and C did not properly recover the interest or the principal from most debtors who leased, and did not have any intent or ability to repay the loan principal and the interest as agreed upon by the victim because the Defendant and C did not use the profit acquired through the vehicle security loan as the cost of living, and the debtor was given a loan to the borrowed money from the victim.

Nevertheless, on June 13, 2012, C made a false statement to the victim that “If the funds to be lent by securing a vehicle are insufficient, C will repay the interest and the principal without representation,” and it received three million won from the victim to the bank account in the name of the defendant on the same day.

As such, the Defendant and C received a total of 44 million won from June 13, 2012 to July 7, 2012, as indicated in the list of crimes in annexed Form C, as the Defendant and C’s false statement from the victim.

As a result, the defendant and C were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused and C;

1. The prosecutor's statement concerning the F;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 135, 153, 188);

1. Criminal facts;

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