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(영문) 대구지방법원 2015.12.11 2015고단3496
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 5, 2015, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with prison labor for the acquisition of stolen property at the Daegu District Court on ten months, and the judgment became final and conclusive on January 23, 2015.

1. On October 27, 2014, at around 18:00, the Defendant: (a) received a request from D to “A, a third party of C, as a security; and (b) received a request from D to provide a loan of KRW 40,000,000, and then disposed of the vehicle; and (c) made a solicitation to induce the victim as if he could first receive a delivery of the said Adidi vehicle offered as a security, and to not pay the money borrowed after delivery of the said Adidi vehicle.”

At around 20:00 on the same day, the Defendant, along with D, made a false statement to the effect that “the vehicle is a low father’s vehicle, and only his father may receive the vehicle.” The Defendant first received money from the father at the city of delivery, and then prepared a loan certificate as the Defendant would have paid money directly to the above victim.”

However, the defendant did not have the intention or ability to return the vehicle or to repay the borrowed vehicle even if he received the above vehicle from the victim.

Nevertheless, the Defendant conspired with D in collusion, thereby deceiving the victim as above, and received the foregoing AD vehicle from the victim as security, where the market price at which it was offered as security is unknown.

2. The criminal defendant against the victim F is to introduce the victim F who wants to take a high-priced external car at the low price from D. The defendant is to obtain money from the victim F by means of lending money to another person who is unaware of the fact that the victim is an external vehicle with normal security and providing it as collateral and then not paying the small amount of money.

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