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(영문) 전주지방법원 2014.05.13 2013고단2314
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, the above provisions are applicable to the defendants for two years from the date of the conclusion of the judgment.

Reasons

Criminal facts

Defendant

B On August 22, 2013, the Jeonju District Court sentenced 8 months of imprisonment with prison labor for fraud, etc., which became final and conclusive on August 30, 2013.

[2013 Highest 2314]

1. Defendant A

A. The Defendant against the victim Co., Ltd. was a person who operated a limited liability company G, and H in Kim Jong-si, a person who operated a limited liability company G, and I.

On February 2, 2012, the Defendant applied for a loan for the purpose of purchasing dump truck, stating that “The Defendant would purchase dump truck and establish mortgage on the loan that he/she has not repaid with the existing loan.” The Defendant would repay the loan that he/she has not repaid with the existing loan in the name of the fund for purchasing dump truck, receive the loan again, and settle all the loan in the form of a return that he/she would receive the loan.”

However, at the time of fact, the defendant received a loan and intended to use it for the repayment of personal debts such as installment payments of existing vehicles, and in fact there was no intention or ability to purchase K Jump trucks.

Nevertheless, the Defendant was granted KRW 79,965,00 from the victim by deceiving the Victim (State) Union to take a loan procedure by allowing the J to proceed with the loan procedure.

Accordingly, the defendant deceivings the victim, thereby taking the amount equivalent to KRW 79,965,00.

B. Around March 21, 2012, the Defendant against the victim L made a false statement that “Around March 21, 2012, the Defendant may immediately transfer the victim L with the completion of the entry contract, one of which is the number 1,000,000 won out of the cost of KRW 26 million prior to the Quara number, and the intermediate payment by March 28, 2012, the Defendant made a false statement to the victim L.”

However, at the time of fact, the defendant can move immediately.

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