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(영문) 창원지방법원 2015.01.09 2014고단2784

사기

Text

A defendant shall be punished by imprisonment for six months.

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 and C prepared a false lease contract, submitted it to the tax office to make a false registration of business, and obtained a vehicle installment loan using it, and decided to purchase the Grand City Kafol car.

On January 1, 2008, the Defendant and C filed an application for registration of the operator of the business in the Changwon-si's counter D (hereinafter "the building of this case") on the second floor located in the 2nd floor of the Changwon-si's counter (hereinafter "the building of this case"), and the fact that the Defendant did not own the building of this case or lease it to C, and the Defendant prepared a lease agreement with the content thereof, and then filed an application for registration of the operator of the business in the Changwon-si's counter-dong, Changwon-si's counter-dong, the Defendant and C submitted the above false lease agreement as the attached document, and completed the registration of the business around that time.

C around February 5, 2008, at one’s office located in F of the window of Changwon-si, an application for a vehicle purchase loan was prepared, and submitted to a member of a model automobile business along with the aforementioned false business registration certificate, and the said member applied for a vehicle purchase loan to the victim company by delivering it to the Hyundai Capital Co., Ltd. (hereinafter “victim company”), and its member made an application for a vehicle purchase loan to the victim company, and the payment was made by the victim company to pay KRW 1,964,081 to the victim company for the 23.3 million won of the vehicle purchase fund, and did not pay the remainder.

Accordingly, the defendant, in collusion with C, induced the victim company, thereby acquiring the same amount of property profit from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 2-16 of the evidence list submitted by the prosecutor

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The confession and reflection of the reason for sentencing under Article 62-2 of the Criminal Act of the community service order, and the fine as a crime of fraud around 1998.