(영문) 부산지방법원 2014.12.04 2013고단6710

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(영문) 부산지방법원 2014.12.04 2013고단6710

사기

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The defendant shall be punished by imprisonment with prison labor for the crimes No. 2, which are set forth in the judgment of the court below, with prison labor for the crimes No. 1, 3, and 10.

Reasons

Punishment of the crime

On February 21, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, and on February 29, 2012, the judgment became final and conclusive.

"2013 Highest 6710"

1. Around November 29, 2012, the defrauded against the victim C would have the victim C’s audit place at the (ju) E office located in the 3rd floor of the defendant’s operation of the 3rd floor of the Busan Jin-gu D building in Busan, Busan. The company funds are needed. If the vehicle is purchased with a loan from the capital capital in the victim’s name, the vehicle will be used for the company funds, and the vehicle will be used for the company funds. The victim stated that the money borrowed from the capital and bond company will be repaid in the name of the victim.

However, the defendant did not have the intent or ability to pay the purchase price even if he had the victim purchase the vehicle.

Nevertheless, on November 29, 2012, the Defendant had the victim borrow KRW 29,90,000 from the Hyundai Capital Capital, and had the victim purchase the FNNF car with the money and the victim bear the obligation to repay the loan, thereby having the victim acquire property profits.

"2014 Highest 320"

2. The Defendant against the victim G did not have any particular source of income in the amount equivalent to KRW 100 million for personal debt with bad credit standing, and even if there was any income accruing, there was no intention or ability to repay the amount from others even if they borrowed money from others.

On April 2010, the Defendant made a false statement to the Victim G (the 67-year-old age) on the following grounds: “If the Defendant wants to purchase a vehicle for business use, he/she would be able to purchase the vehicle without any money, and if he/she borrowed the vehicle, he/she would be able to purchase the vehicle in the name of the company within two months.”

However, the fact that the money is urgently needed and the vehicle is purchased in the name of the victim and then is borrowed as a collateral.

유사 판례

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