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(영문) 인천지방법원 2015.01.16 2014고단6956
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to imprisonment with prison labor and four months in the Incheon District Court for fraud, and on March 14, 2014, the said judgment became final and conclusive.

1. The Defendant did not have any intent or ability to repay the amount even if he borrowed money from the victim D, because he did not have any intent or ability to pay the principal or interest of the personal debt amounting to KRW 60,000,000,000 or more per month when he/she added the principal and interest of the personal debt to a person who engages in credit business as provided in Article 323

Nevertheless, on July 10, 2012, the Defendant received total of KRW 20,480,000 in total over 17 times from the victim, as shown in the attached list of crimes, from March 5, 2013, and fraudulently acquired KRW 20,480,00 in total, from around 17 times to March 5, 2013.

2. On February 22, 2013, the Defendant made a false statement to the victim that “If the Defendant purchased used cars through the installment loan in the name of a used car, the Defendant would pay all the borrowed and installment up until now with the proceeds derived from using sirens, etc. from the purchase of used cars through the installment loan in the name of a used car.”

However, even if the defendant received a motor vehicle from the victim, he did not have the intention or ability to repay the installments of the used cars.

Nevertheless, the defendant obtained a G K5 car equivalent to the market price of KRW 23,873,00 on the same day from the victim and acquired it.

3. On February 26, 2013, the Defendant, at the office of officetels under paragraph (1) around February 26, 2013, by deceiving the victim as referred to in paragraph (2), and obtained from the victim a HM5 car equivalent to KRW 18.5 million on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. D. D.

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