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(영문) 창원지방법원 2020.11.26 2020고단2077
사기
Text

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

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

Reasons

Punishment of the crime

1. On May 27, 2018, the Defendant made a false statement to the effect that “The Defendant may receive a loan from the victim under the name of Kimhae-si, and the Defendant may receive a 20 million won worth, if he/she would receive the loan from the victim B.”

However, in fact, the defendant did not have certain income or disposal assets and did not actually join the above system, so even if he purchased a vehicle with a loan from the victim, he did not have the intent or ability to repay the loan.

On July 7, 2018, the Defendant, by deceiving the above victim and allowing the victim to borrow KRW 17,00,000,000 from C under the pretext of vehicle installment savings, etc., purchased a vehicle under the name of the victim from the E used vehicle sale on the E used vehicle sale in Busan Metropolitan Government D, thereby acquiring the above vehicle and loan interest in the amount of KRW 4,75,00,000,000,00 from the market price of the E used vehicle sale in the name of the victim.

2. Around July 18, 2018, the Defendant concluded that the PC bank located in Kimhae-si G would provide the said victim with a false statement that “The said Defendant would provide the PC bank with a loan of KRW 15 million only to the extent that he/she would receive a loan, thereby making repayment within one year.”

However, in fact, the Defendant did not have certain income or disposal assets as above, and did not properly conduct a preliminary investigation into the place where the PC will start up business. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay it.

As above, the Defendant, by deceiving the above victim, received KRW 1 million from the victim around July 26, 2018, KRW 1 million around August 22, 2018, KRW 10 million around September 17, 2018, and KRW 12 million around September 17, 2018.

3. On September 20, 2018, the Defendant who was involved in tax payment by phone call to the victim at the place of default.

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