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(영문) 서울남부지방법원 2016.09.21 2016고단2168
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On January 20, 2015, the Defendant made a false statement to the victim C, stating that “The documents to take the bath business frequently enter the bath business, and if only the loan documents are signed, the repayment, etc. will be made by ascertaining whether there is a payment.”

However, the defendant did not have the intention or ability to perform bath business due to the lack of special property or income at the time, and did not have the intent or ability to repay the money borrowed under the name of the victim.

The Defendant, by deceiving the victim as such, had the victim sign the loan documents, etc. on the same day, obtained pecuniary benefits equivalent to the above amount by borrowing KRW 2 million from mountain and loan (State) in the name of the victim.

2. On January 27, 2015, the Defendant made a false statement to the victim, stating, “The Defendant is required to make a motor vehicle for bath business, and if it is lent only in the name to obtain a loan, it will be treated by finding out the loan,” in that the Defendant’s affiliation of KB Capital, located in 651 Doo-ro 6, Dao Automobile shopping mall 217, Dao-si, Mao-si, Mao-si, Mao-si.”

However, the defendant did not have the intention or ability to perform bath business due to the lack of special property or income at the time, and did not have the intent or ability to repay the money borrowed under the name of the victim.

The Defendant, by deceiving the victim as such, had the victim sign on the loan documents, etc., and had the victim purchase the vehicle under the name of the victim with a loan of KRW 16 million from the KB Capital (ju) to the middle debate on the same day, received the loan from the victim, and then acquired the pecuniary benefits equivalent to the above amount by receiving the delivery of the DSS5 vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. The reason for sentencing of Article 347(1) of the Criminal Code of Article 347(1) (Selection of Imprisonment) regarding the crime [the scope of recommended punishment] of the type 1 (100 million won) general fraud.

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