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(영문) 청주지방법원 2018.09.13 2017고단1989
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal records] On July 4, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Cheongju District Court on April 2017, and the judgment became final and conclusive on November 2, 2017.

[Criminal facts]

1. Fraud against the victim C;

A. On May 2016, the Defendant: (a) received a loan from the victim to purchase a 1.5 billion won or more per month in the non-fluent car page in the name of the neighboring wife located in the Nam-gu Incheon, Nam-gu, Incheon; and (b) received a loan from the victim under the name of the victim, and would receive a loan from the victim to sell the 1.5 billion won per month; and (c) received a loan from the Defendant until the purchase and re-sale of the 1.5 billion won.

To obtain a bank loan well, I will increase the credit limit by using a credit card with a higher credit rating and continuously raising the credit limit.

“A false statement” was made.

However, at the time, the Defendant did not have any specific plan or funds to purchase the telecom, and did not have any intention or ability to pay the amount promised to the victim, as he thought that he would use it as living expenses by receiving credit cards from the injured party.

Nevertheless, the Defendant received one Samsung Card in the name of the victim and one new card from the victim until August 31, 2016, and used 19,504,616 won in total over 150 times, as shown in the attached Table 1 list of crimes, as from August 31, 2016.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

B. The Defendant, at the date, time, and place specified in Paragraph 1(a), obtains a loan from the victim under the name of the victim only when a motor vehicle is placed in the victim’s name when raising the credit rating, and redeems the principal loan to the victim.

The phrase “ makes a false statement.”

However, there was no intention or ability to repay the loan even if the vehicle was purchased with the loan borrowed under the name of the victim at the time.

Nevertheless, the defendant belongs to this.

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