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(영문) 부산지방법원서부지원 2020.09.10 2019고단2292
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 October 2018, the Defendant concluded that “C” in front of “C” located in Busan Southern-gu, Busan-gu, on the first day of October 2018, the Defendant made a false statement to the victim D, stating that “A loaning KRW 30 million to the victim D shall be repaid without any molding three months, the interest shall be paid KRW 2 million per month, the external vehicle shall be provided as security, the certificate of vehicle registration and the certificate of vehicle renunciation shall be issued, and if the principal is not repaid, the external vehicle shall be disposed of even if the principal is disposed of.”

However, in fact, the Defendant did not have any specific property with bad credit standing at the time, and even if the existing debt was sold and imported in excess of 33 million won, there was no intention or ability to repay the debt within the due date, even if there was any import of the vehicle, by first repaying another person’s debt. The benz vehicle (E) which the Defendant offered as security had already been established on the mortgage for the vehicle that is not the Defendant, but the owner of the vehicle, but the owner of the vehicle, and thus, the Defendant could not arbitrarily dispose of it, and thus, the Defendant did not have any collateral value, such as the victim could not dispose of it.

As such, the Defendant, by deceiving the victim as such, received 28 million won, excluding the prior interest and 2 million won, from the victim as the borrowed money on the same day from the victim, by remitting 28 million won to the Suhyup Bank account (F) in the name of the defendant's seat.

No person shall provide or lease a private car for compensation other than a commercial car, and no person shall arrange for the use of a private car.

Nevertheless, upon request of G on May 1, 2019, the Defendant: (a) leased a private car by way of delivering KRW 25 million, excluding KRW 5 million out of KRW 30 million received from G, to I, after having been asked by G to introduce or introduce a private car; (b) having been aware of the fact that G engaged in a used car sales business from H; and (c) having it leased a private car by allowing G to rent KRW 30 million in the name of J.

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