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(영문) 청주지방법원 영동지원 2017.12.21 2017고단109
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

1. On May 20, 2016, the Defendant was deposited by the lending company to the Defendant’s account with loans of KRW 19 million in the process of mediating the purchase of the E-Spo-type car by taking out loans of KRW 19 million from the victims D, an elementary school, an elementary school, at the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul.

After that, the defendant would pay 3.5 million won out of the above loans in cash to the victim, "The 14.5 million won will be paid as the vehicle price and the transfer cost, etc. and the 1.2 million won car insurance premium will be paid for the vehicle purchased as the remaining 1.2 million won.

“.....”

However, the defendant did not have any intention or ability to pay the insurance premium for one year for the vehicle purchased by the victim of the above 1.2 million won due to the default of the company operated at the time due to the economic situation.

The defendant received KRW 1.2 million from the damaged person as above as insurance premiums, and acquired it by fraud.

2. On October 17, 2013, the Defendant: (a) purchased 17,00,000 won from the automobile trading company of FF in the city of YW; (b) borrowed 17,00,000 won from the Hyundai Capital Co., Ltd. on a yearly interest rate of 20.9%, and on the same day on the condition of 36 months; (c) on the same day, the Defendant established a right to collateral security at KRW 17,00,000 for the above vehicle as a person with the right to collateral security on the said vehicle as a person with the right to collateral security; and (d) on May 20, 2016, the said right to collateral security on the loan and collateral security was transferred from the victim E.S. Specialized Asset-Backed Company (hereinafter “victim Company”).

Nevertheless, on July 2016, the Defendant borrowed KRW 1,50,000 from the person who was in the name of the Defendant in the name of the Defendant and transferred the said vehicle for the purpose of securing the said vehicle, thereby making it difficult for the Victim Company to discover the location of the said vehicle.

Accordingly, the defendant is the victim.

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