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(영문) 광주지방법원 2016.06.17 2016고단952
사기등
Text

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

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

Reasons

Punishment of the crime

1. On October 4, 2011, the Defendant: (a) borrowed the victim’s name and influench loan of KRW 20 million to the person in charge of loaning the victim’s name and influench Co., Ltd. in the company selling used cars in Seo-gu, Seo-gu, Gwangju, Seo-gu; and (b) concluded that the Defendant would make a payment for the face-to-face loan at KRW 795,190 per month between 36 months and make a mortgage on the said vehicle.

However, in fact, the Defendant had no income to pay the above monthly installments in addition to the daily living expenses at the time, and did not pay the daily allowances of the on-site personnel employed by the Defendant, and thus, there was a need to pay a large amount of interest, as well as to receive a loan by offering the said vehicle as security, so there was no intention or ability to pay the loan even if the Defendant received the loan from the injured party.

The defendant deceivings the victim as above and was given KRW 20 million as a loan to the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant: (a) purchased a car from the franchise as above; (b) obtained a loan of KRW 20 million from the injured party; and (c) placed a mortgage on the said car for the injured party.

After that, on October 201, the Defendant borrowed 4.2 million won from a non-name loaner in the name of the police officer in the absence of the name, and transferred the vehicle to offer it as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Written statements of D;

1. Application of each Act or subordinate statute to the ledger of registration of automobiles, a copy of installment financing agreement, a copy of payment status, a copy of a notice of assignment of claims, and a calendar in the account transaction;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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