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(영문) 창원지방법원 진주지원 2015.04.28 2014고단1030
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On December 4, 2004, the Defendant was sentenced to 8 years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) in the Jinwon District Court’s Jinju branch on December 4, 2004, and completed the execution of the final sentence in the Jinju Prison on October 17, 2007.

【Criminal Facts】

1. Fraud against the victim C;

A. On September 23, 2013, the Defendant made a false statement to the victim C at the E-credit Business Office located in Jinju-si, stating that “The Defendant would have borrowed KRW 4 million to the victim C and repaid the money in the month in which he received the money.”

However, in fact, the Defendant had a debt amounting to KRW 40 million, and the Defendant could not receive money from the F in the month in which the Plaintiff engaged in automobile trade business with the Defendant, and even though the Defendant did not have the intent or ability to repay the borrowed money to the victim, he received the loan amounting to KRW 4 million from the Defendant on the 24th day of the same month from the Plaintiff.

B. Around September 23, 2013, the Defendant made a false statement to the H Company G that “The Defendant would purchase a vehicle in the name of ap and pay the loan to the victim C within one month of the loan.”

However, the defendant did not have the intent or ability to repay the loan to the victim for the above reasons.

The Defendant used the full amount of the loan by having the victim obtain a loan of KRW 11.3 million from the Hyundai Capital, and then purchasing INF car in the name of the victim.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 11.3 million, and caused damages equivalent to the same amount to the victim.

C. On September 27, 2013, the Defendant borrowed KRW 2 million to the victim C at the E-credit Business Office located in Jinju-si D.

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