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(영문) 인천지방법원 2020.11.26 2019고단6330
사기등
Text

A defendant shall be punished by imprisonment for three years.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2019, the Defendant was sentenced to a suspended sentence of two years on the 18th of the same month by imprisonment with prison labor for a violation of the Fraudulent and Motor Vehicle Management Act at the Incheon District Court.

【Criminal Facts】

The defendant of "2019 Highest 630" did not have received a request for trading brokerage from the owner of the relevant middleest vehicle, and C did not have an intention to become an actual purchaser, as well as the security loan for the purchase and sale of the middle and highest vehicle was expected to be used by the defendant, but he had the intention to belong to the lending company as if the purchaser of the vehicle receives a security loan for the purchase and sale of the middle and high vehicle.

On May 9, 2019, the Defendant requested the purport that “The Defendant, by putting the phone phone operated by the victim D from the irregular land in Incheon Metropolitan City to sell the F G80 used cars to the customer C, making a loan as security, and deposit the loan into the G account in the name of G.” The victim transferred KRW 47 million to the account under the name of G as designated by the Defendant.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

The Defendant borrowed the name of pro-friendly H and purchased and operated an Idi Sker Car with the name of J on April 15, 2019, and borrowed 40 million won on condition of repayment after two months from the victim L on April 15, 2019, and provided the said two vehicles as security to the victim.

In fact, the Defendant: (a) disposed of the above two vehicles on the other hand and planned to prepare other debt repayment funds; and (b) despite that the Defendant did not intend or have any other ability to repay the above borrowed money to the victim, the Defendant, on June 4, 2019, by deceiving the victim by fraudulent means that he/she would dispose of the two above vehicles and repay the borrowed money immediately; and (c) received the said two vehicles from the victim in Suwon-si, Suwon-si, Suwon-si, the said I vehicle from the victim to N in the instant case at that time.

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