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(영문) 수원지방법원 2019.06.27 2018고단7524
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 23, 2017, the Defendant: (a) around August 23, 2017, at the “C” building parking lot of the Seo-gu Incheon Seo-gu Incheon Building, the Defendant: (b) stated that “A victim D is engaged in activities related to domestic and overseas export and import; (c) purchase of a heavy vehicle with a method of receiving a heavy and high-end loan under the name of the Party E, and (d) export the vehicle to a foreign country after operating the vehicle for up to one to two years. The installment of the vehicle generated during the operation of the vehicle shall be borne by both the internal payments and the required amount for paying school expenses shall be paid.”

However, at the time, the Defendant had the amount of KRW 190 million, personal debt 20 million, and KRW 48 million, and even if the Defendant purchased the said vehicle under the name of the victim E with the amount of KRW 48 million, there was no intention or ability to pay KRW 48 million.

On August 23, 2017, the Defendant, by deceiving the victim, purchased the NAS vehicle under the name of the victim, and acquired the 1,7410,000 won remaining after paying the vehicle price, expenses, etc. among the 48,000,000 won of the E’s loans for purchasing the NAS vehicle under the name of the victim.

2. On August 28, 2017, the Defendant: (a) around August 28, 2017, at the “G office located in Suwon-si, Suwon-gu, Suwon-si, the Defendant: (b) stated that “The Defendant would obtain a loan by taking a NAS vehicle as security, purchase a business number plate with such money; and (c) the Defendant will pay the loan in full.”

However, as in Paragraph 1, the Defendant did not have any intent or ability to repay the loan even if he/she obtained a loan from G under the name of the Defendant by taking the above NAS vehicle as security as a result of exceeding the obligation.

As such, the Defendant, by deceiving the victim, provides the victim with the NAS vehicle as security, and took out a loan of KRW 13 million from G in the name of the victim, and remitted KRW 9.4 million on August 28, 2017 to the account under the name of the Defendant.

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