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(영문) 광주지방법원 2018.04.12 2017고단5183
사기등
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

1. Fraud;

A. A. Around March 8, 2013, the Defendant related to C vehicles purchased C Lastren vehicles from the sales of the non-motor vehicle in the Seo-gu, Seo-gu, Seo-gu, Gwangju, to obtain a loan of KRW 16 million from the victim Hyundai Capital Co., Ltd.

However, in fact, the defendant provided the above vehicle to a third party as security and did not intend to operate the above vehicle, and there was no intention or ability to pay the above installment normally because there was no particular occupation or property at the time.

Nevertheless, the Defendant entered into a loan agreement with the victim company as if he would normally pay a loan, and received KRW 16 million from the agricultural bank account (D) in the name of the defendant on the same day and acquired it by fraud.

B. On April 17, 2013, the Defendant, at G agency located in Gwangju Dong-gu, Gwangju, to obtain a loan of KRW 30,90,000 from the victim Hyundai Capital Co., Ltd. when purchasing E rocketing vehicles from the G agency located in Gwangju Dong-gu.

However, in fact, the defendant provided the above vehicle to a third party as security and did not intend to operate the above vehicle, and there was no intention or ability to pay the above installment normally because there was no particular occupation or property at the time.

Nevertheless, the Defendant concluded a loan contract with the victim company as if he would normally pay a loan, and received 30,900,000 won from the post office account (H) under the name of the defendant on the same day and acquired it by fraud.

2. Interference with exercise of rights;

A. On March 20, 2013, the Defendant: (a) obtained a loan as set forth in the foregoing paragraph 1-A; and (b) granted a right to collateral security of KRW 8 million in the victim’s name on the said vehicle; (c) on March 20, 2013, the Defendant borrowed KRW 3 million from an indivist person on the street before the J-gu, Gwangju; and (d) transferred the said vehicle for the purpose of securing the said vehicle, thereby interfering with the exercise of the right by concealing the vehicle that was the object of the victim’

(b).

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