(영문) 대구지방법원 서부지원 2014.01.07 2013고단1266

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(영문) 대구지방법원 서부지원 2014.01.07 2013고단1266

사기등

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

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2012, the Defendant was sentenced to two years of imprisonment and fine of KRW 1,00,000 for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on September 7, 2012.

【Criminal Facts】

1. On June 6, 2010, the Defendant stated that “The Defendant would sell the vehicle to the victim D and sell the vehicle again after purchasing the vehicle with the same weight of the vehicle.” The Defendant said that “The Defendant would be responsible for and repaid the loan by selling the vehicle if he would purchase the vehicle with the loan borrowed in the name of a model.”

However, the defendant did not have the intention or ability to repay the loan even if he purchased the vehicle with the loan in the name of the victim and sold it.

Around July 5, 2010, the Defendant, by deceiving the victim as above, received documents necessary for loans, such as a certificate of personal seal impression, from the victim, and received 41,000,000 won in the name of the victim from the Hyundai Capital Capital, from a seller who was unable to know the name, and received a loan from the seller who was unable to know the name as a fund for purchasing a car, and acquired pecuniary benefits equivalent to the above loan.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. Around November 9, 2009, the Defendant was delegated by the Victim FF to borrow KRW 20,000,000 in the name of the victim in relation to the purchase of the Gmp car in the name of the victim.

Since then, around February 18, 2010, the Defendant received KRW 8,300,00 from the victim for the repayment of loans to the said passenger car and was in custody for the victim, and used it for personal purposes, such as the Defendant’s repayment of debts, etc. at that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each protocol concerning the examination of the accused by the prosecution;

1.With respect to D and F, respectively.

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