(영문) 광주지방법원 2015.10.14 2015고단2319

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(영문) 광주지방법원 2015.10.14 2015고단2319

사기등

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The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

1. On August 9, 2013, the Defendant was liable to pay 14 million won as at the time at the time at the trading company of the mutually influent used cars located in the Seo-gu, Seo-gu, Gwangju, Gwangju, while there was no special property or income, and there was no interest payment from D or E who lent KRW 50 million, which was leased KRW 90 million, even if the Defendant received the vehicle purchase price, and thus, even if he did not have the intent or ability to repay the principal and interest of the loan, notwithstanding the fact that he did not have the intent or ability to receive the vehicle purchase price, if the Defendant loaned the vehicle to the person who is not the employee in charge of Chang-gu, Chang-gu, Seoul, 2013, then he was able to pay the vehicle purchase price to the person who is not the employee in charge of Chang-gu, Chang-gu, Inc., the Defendant acquired the said name and influent loan contract from the victim.

2. Around August 12, 2013, the Defendant: (a) borrowed KRW 21 million from the Victim One Capital Co., Ltd. as indicated in the foregoing paragraph (1); (b) on the security for the said loan obligation; (c) concluded a mortgage on the claim amounting to KRW 10,50,000 on a FIstton vehicle owned by the Defendant as the victim; and (d) transferred the said vehicle as the security for the said loan obligation by borrowing KRW 8 million from G in the vicinity of the apartment located in Heungdong-dongdong-gu, Jungdong-gu, Gwangju; and (e) at the time of December 2013, the Defendant was unable to repay the loan obligation to the victim; and (e) at the time, the Defendant was aware that the said mortgage could have been carried out because he was unable to repay the loan obligation to the victim; (e) while, he was unable to repay the debt, G transferred the said vehicle to another person to make it unclear where it is located.

Accordingly, the defendant concealed the above car which is the object of the victim's mortgage.

Summary of Evidence

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