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(영문) 광주지방법원 2013.12.27 2013고단4905
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the used car sales business.

1. Fraud against the victim C;

A. On January 17, 2007, the Defendant told the victim C to the E-trade complex located in Seo-gu, Gwangju, that “I will deliver the said vehicle if I will lend money borrowed from the victim C as security.”

However, the defendant was in bad credit condition at the time, and even if he borrowed money from the suspect without any particular property, he did not have any intent or ability to deliver the above cushion vehicle.

Nevertheless, the Defendant received 30 million won as the borrowed money from the victim, i.e., the above false statement from the victim, and acquired it by fraud.

B. On July 11, 2007, the Defendant told the victim C to lend KRW 39 million as it is necessary to purchase the Franchi730 vehicle in 200,000,000,000, at the Franc office located in Seo-gu, Gwangju, Seo-gu. The Defendant provided that “The victim C shall pay back the borrowed money after purchasing and selling the vehicle.”

However, from July 2007, the Defendant had no intention or ability to use the borrowed money for the purchase of a vehicle or to repay the borrowed money, even if the Defendant borrowed money from the victim, because of the accumulated amount of money for the purchase of a vehicle from around July 2007.

Nevertheless, the Defendant received 39 million won as the borrowed money from the victim, i.e., the above false statement from the victim, and acquired it by fraud.

2. On October 22, 2007, the Defendant: (a) in the automobile parts complex located in Gwangju-gu, Seo-gu; (b) the victim G loaned KRW 46 million to the victim G as it is necessary to purchase the 2006-type Adial vehicle; (c) the Defendant sold the vehicle to the import specialized store after purchasing the vehicle, and (d) said that the Defendant would make reimbursement for the purchase of the vehicle.

However, in fact, from July 2007, the Defendant continued to borrow money for the purpose of purchasing vehicles from around July 2007.

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