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(영문) 수원지방법원 성남지원 2014.12.19 2014고단2603
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On December 11, 2012, the fraud Defendant related to D vehicle said that “If he/she takes a capital loan from the victim’s name to purchase one vehicle of DW, he/she pays the loan on behalf of the Defendant, and then transfers the vehicle to another person after three months,” on the front of the F Office in Seocho-gu Seoul Metropolitan Government.

However, the defendant did not have the intent and ability to pay the loan, or to repay the loan by selling the relevant vehicle again even if he/she purchases the used vehicle with the loan borrowed in the name of the victim.

Around December 11, 2012, the Defendant, by deceiving the victim, borrowed KRW 2,750,000,000 from our Capital Capital Co., Ltd. to pay KRW 10,770,000 per month for 36 months, and had the victim purchase the said DMW vehicle, and acquired the pecuniary benefits equivalent to the said loan by delivery.

B. On July 30, 2013, the Defendant related to the G vehicle concluded a false statement to the effect that “A victim C, on the street near the flag source located in the Gangnam-gu Seoul Metropolitan Government (hereinafter “Seoul”), “I will complete the business start-up loan of KRW 70 million after receiving KRW 70,000,000,000 from the Plaintiff’s name, who purchased the 1st of G becket new car in the name of the victim to purchase the 1st of G becket new car in the name of the victim, and received KRW 70,000,000 from the purchase price.”

However, even if the Defendant purchased a used vehicle with a loan borrowed in the name of the victim, he/she did not have the intent or ability to repay the loan with the purchase of the used vehicle.

Around July 30, 2013, the Defendant: (a) by deceiving the victim; (b) borrowed KRW 29.5 million from Hyundai Capital Capital Co., Ltd. to pay KRW 870,000 per month for the 36-month period; and (c) purchased the said Grose cruise vehicle; and (d) acquired pecuniary benefits equivalent to the said loan by receiving delivery of the said vehicle.

2. The victim;

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