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(영문) 부산지방법원 동부지원 2016.03.10 2015고단2345
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 2345] The Defendant operated a used car sales store from June 2013 to December 2014 in the name of Kimhae-si to E.

On March 2015, 2015, the Defendant may purchase a vehicle and use it with necessary funds to the victim F (34 years old) who is in need of the supply of a vehicle at the early E office, and to the victim F (34 years old) who is in need of the supply of a vehicle.

On the face of the certificate, etc. of seal imprint, it is intended to apply for a loan in lieu of the loan in the name of the victim, and purchase a four-string vehicle with the loan.

“The phrase “ was false.”

However, in fact, E was closed at the time, and there was no particular property for the defendant, and only 300 million won for debts, it was thought that the defendant would receive a loan under the name of the victim to repay the defendant's existing debts, etc., and the defendant did not have the intention or ability to purchase the vehicle on behalf of the victim.

The Defendant deceptioned the victim as above, and took over necessary documents, etc. before the first cab on April 2015 from the victim, and took out loans of KRW 29.7 million in the name of the victim to the Nonghyup Capital Co., Ltd., and then acquired the same amount of property benefits by using the same amount of KRW 24.7 million in the Defendant’s existing debt repayment, etc. without purchasing the vehicle.

[2015 Highest 2537] The Defendant called the victim G at the above E office on August 14, 2014 and can get a lot of money from purchasing a vehicle and selling it.

Since the vehicle purchase fund is not required in the name of the vehicle, the loan is borrowed in four names, and the loan money is borrowed in four names. The loan money will be repaid immediately after returning the vehicle.

“A false statement” was made.

However, in fact, since the defendant did not own any property and only debt amounted to 300 million won, the defendant's obligation is paid with the borrowed money borrowed under the name of the victim.

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