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(영문) 창원지방법원 2015.10.29 2015고단2000
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. On August 6, 2012, the Defendant, together with C, conspired to obtain a loan under the name of installment financing by pretending to purchase construction machinery under the name of the Defendant.

On August 6, 2012, according to the above public offering, the Defendant: (a) drafted a “a construction machinery loan agreement” with the victim, along with employees in the name in the name of the Bank for Bable Savings Co., Ltd., and entered into a contract with the victim to the effect that “The Defendant would purchase the D digging machine in KRW 41 million and pay in installments the principal and interest on the face of a week by lending the purchase price.”

However, the Defendant merely pretended to purchase the machinery to obtain a loan, and did not actually have intended to purchase the said machinery, and there was no intention or ability to pay the principal and interest every month.

The Defendant conspired with C to induce the victim and received KRW 41 million from the victim around that time.

2. On October 15, 2012, the Defendant, together with C and E, purchased construction machinery, etc. in the name of E, and the Defendant conspired to take part in the role of joint and several sureties and to receive loans.

Around October 15, 2012, according to the above public offering, the Defendant: (a) prepared a “Agreement on the part of Mastootoo” with the purport that “I will pay the interest and principal of 19.9% per annum in installments for 48 months by loaninging G construction machinery from F to KRW 100,000,000,000 from F; and (b) submitted the said Agreement to H and signed a contract with the victim by submitting the said agreement to the employees of the Camp Korea Co., Ltd., which is the affiliated branch of the victim Aju Capital.

However, the defendant is only the most likely to purchase the machinery to obtain a loan, and E actually purchases the above machinery.

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