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(영문) 부산지방법원 동부지원 2017.08.10 2016고단2273
사기
Text

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

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

Reasons

Punishment of the crime

around May 2013, the Defendant intended to borrow money with his name-free loan broker by obtaining a loan, but failed to obtain a loan due to the lack of credit standing. However, the Defendant knew that the loan was not made.

C was allowed to receive a loan from C to pay part of the loan in the name of C.

Accordingly, the Defendant planned to borrow money under the name of C when purchasing heavy cargo vehicles from C and operating them actually, applying for loans to capital companies in the name of C and receive money as the purchase of freight cars.

On May 21, 2013, the Defendant: (a) at the office of Korea FNC located in 628 as Yangsan-si, Yangsan-si; (b) at the office of Korea FNC, the Defendant, registered in the name of DaD (with limited liability), demanded C to request C to re-loan 45,000,000 won monthly loans on the condition that C would have an intention or ability to purchase and operate the 4.5 tons of the e-commercial truck and to pay the price properly; and (c) would have an intention or ability to pay the price properly; and (d) would have an intention or ability to pay it.

However, in fact, the Defendant had already disposed of the cargo vehicle to another person on December 2, 2009, and thus, it was not possible for C to have the said truck actually owned, and there was no particular property or fixed income, and there was no intention or ability to repay the obligations of the existing loan.

B. ABB, even if I also received a loan from the victim company, C could not purchase the above cargo due to the above circumstances and did not intend to operate the cargo vehicle while holding the above cargo vehicle.

Nevertheless, the defendant deceivings as above and receives 45,000,000 won from the victim company as a loan.

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