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(영문) 광주지방법원 2017.01.24 2016고단5817
사기등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to three years of imprisonment for a violation of the Narcotics Control Act in the Daejeon District Court on August 13, 2015, and the sentence becomes final and conclusive on January 15, 2016, and is currently serving in the calendar.

1. On October 28, 2014, the Defendant: (a) around Eunpyeong-gu Seoul Metropolitan Government around October 28, 2014, borrowed the vehicle price of KRW 15 million from the vehicle price to the applicant for the debate; and (b) by directly paying the said price to the vehicle seller; and (c) lending the said price to the applicant for the debate so that the applicant for the debate may receive the immediate delivery of the vehicle. On the other hand, the Defendant would set up a right to collateral security of KRW 7.5 million for the said vehicle and pay KRW 56,689 each month for 36 months.

“The purpose was to make a false statement.”

However, as soon as the Defendant purchased the above vehicle, the Defendant was planning to sell the above vehicle with the name-oriented loan broker with the name-oriented loan broker and to pay 1.5 million won in return. There was no particular revenue or property, and there was no intention or ability to repay the loan even if the Defendant received the loan from the victimized company as above, and there was no personal debt amounting to 20 million won.

Defendant deceiving the employees of the victimized company as above, and caused the victimized company to pay 15 million won with the loan funds to purchase the said vehicle from the said damaged company through the said employees, thereby acquiring the pecuniary benefits equivalent to the same amount.

2. On October 30, 2014, the Defendant: (a) obtained a loan of KRW 15 million from the victim rink Capital (ju) while the Defendant was unable to exercise his/her right to purchase the said vehicle, as described in paragraph (1) around October 30, 2014; and (b) granted the damaged company a right to collateral security of KRW 7,500,000,000 in value of the claim to the said vehicle as the person with the right to collateral security.

Around that time, the Defendant suffered damage from a person with a lower right in the foregoing place.

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