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(영문) 수원지방법원 안산지원 2012.10.17 2012고단934
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 125,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

While the defendant was working as a dump truck driver, he thought that he raised money by purchasing dump trucks with difficulty in securing living expenses due to the lack of sight.

On September 28, 2011, the Defendant: (a) applied for a loan of KRW 132,00,000 for the purchase of dump truck from the 132,000,000 construction machinery at the Mosh Social (State), which is the victim of the 15-21th-dong, Yeongdeungpo-gu Seoul Metropolitan Government on September 28, 201; and (b) received a loan from the Defendant to pay 12.8% interest on construction machinery after the establishment of a mortgage on construction machinery collateral; and (c) paid 2,90,000 won in good faith for 60 months in monthly installments after the establishment of a mortgage on construction machinery collateral.

However, even if the Defendant received a loan from the victim and purchased dump truck as above, he thought that it would sell it immediately and use it individually. While the Defendant did not have any property under the name of the Defendant and did not receive monthly income, the Defendant did not have any intent or ability to faithfully repay the above loan in the amount of 130 million won due to the loan of dump truck, even though he did not have any intent or ability to faithfully repay the loan, the Defendant 132,000,000 won by making a false statement to the victim as above.

"2012 Highest 1616"

1. On September 28, 201, the Defendant applied for a loan of KRW 125,00,000 for a dump truck purchase fund for construction machinery from November 15, 201 to three months after the establishment of a right to collateral security on construction machinery, and received KRW 2,831,352,00,000 as a loan, on a 15th day of each month from the date of the establishment of a right to collateral security on construction machinery, on the following grounds: (a) the Defendant applied for a loan of KRW 125,00,00 for a dump truck purchase fund from the modern car truck store located in Yeongdeungpo-gu, Young-gu, Youngdong-gu, Gyeonggi-gu, Seoul; and (b) the Defendant received KRW 125,00,00 from the 15th day of each month until January 15, 2017.

However, as above, the Defendant’s dump trucks are purchased upon receiving loans from the victim.

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