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(영문) 광주지방법원 2015.11.12 2015고단404
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above punishments shall be executed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to acquire money from the victim F who is in need of urgency by means of lending money as security to the victim F who is in need of urgency, and to immediately dispose of the vehicle that is delivered as security without waiting the due date for payment.

1. On February 10, 2014, the Defendants stated that, according to the aforementioned public offering, the victim F would lend KRW 1,400,000 to the victim F at the mutual infash shop located in the two villages of Seo-gu, Seo-gu, Gwangju. The Defendants stated that “if the principal is returned after five months, the said passenger car will be returned.”

However, in fact, the Defendants kept the said car until the due date, but did not intend to return it to the victim, and immediately received the vehicle from the victim, were considered to have sold it to the "large-type Motor Vehicle" business operator under the name of the victim.

As above, the Defendants received the victim’s false statement from the victim and acquired the amount equivalent to KRW 12 million at the market price of the car owned by the victim as a collateral from the victim.

2. On February 22, 2014, the Defendants stated that “The victim F will lend KRW 1,700,000 if the principal is returned after two weeks, to the victim F of the instant car at the instant coffee shop located in the Seo-gu, Seo-gu, Gwangju.”

However, in fact, the Defendants kept the said car until the due date, but did not intend to return it to the victim, and immediately received the vehicle from the victim, were considered to have sold it to the "large-type Motor Vehicle" business operator under the name of the victim.

As above, the Defendants received from the victim the amount equivalent to KRW 10 million at the market price of the said car owned by the victim as a collateral in the same place and acquired it by the victim as the collateral.

Summary of Evidence

1. Defendant A’s legal statement.

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