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(영문) 부산지방법원동부지원 2020.09.17 2020고단1705
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 30, 2015, the Defendant’s indictment submitted by the Busan District Court to a prosecutor who was sentenced to two-year imprisonment for fraud, etc. was omitted, but this part of the criminal records is also deemed to constitute a repeated crime, and it is obvious that the above criminal records are also deemed to constitute a repeated crime.

B. On May 12, 2016, the Busan District Court sentenced each of four months of imprisonment for fraud, and the written indictment submitted by the Prosecutor of the Clean Female Correctional Institution on August 26, 2017, stated that the execution of the sentence was completed at the Busan Detention Center on August 29, 2017. However, according to the evidence submitted by the Prosecutor, it is obvious that it is a clerical error.

In this regard, the execution of each of the above punishments was completed.

【Criminal Facts】

On July 7, 2018, the Defendant had to pay the credit card price of the Defendant to the victim's O who was in a relationship with the Defendant's father E at the time at the time, and there is no money for the head of the party.

It is changed to lend the four names so that the card price can be settled by lending money from the vehicle after purchasing the vehicle with the installment loan.

The principal and interest of the installment loan shall be liable for and repaid.

“.........”

However, in fact, the Defendant, in bad credit standing at the time, bears approximately KRW 1.1 billion obligations without a particular property or a certain occupation, and thus, even if the Defendant purchased the vehicle under his name with a capital loan, it was merely thought that it would be used as repayment of the existing debt, personal living expenses, etc. even if the Defendant did not intend to pay the principal and interest of the capital loan.

As such, the Defendant, by deceiving the victim as such, had the victim purchase a benz car around July 9, 2018 and demanded the victim to borrow KRW 25,30,000 from P Co., Ltd., and borrowed that car.

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