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(영문) 대구지방법원 경주지원 2019.10.23 2019고단176

사기

Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Defendant B] On May 9, 2019, at the port support of the Daegu District Court, he/she was sentenced to four years of imprisonment for the crime of false entry into public electromagnetic records, etc., and the judgment became final and conclusive on October 16, 2019 by the Daegu District Court Decision 2018 High Court Decision 2018 High Court Decision 1251, 2018 High Court Decision 1274 High Court Decision 2018 High Court Decision 2018 High Court Decision 2018 High Court Decision 1635 (Merger), 2018 High Court Decision 201 High Court Decision 201 High Court Decision 201Da3338 (Joint Subdivision).

Daegu District Court Decision 2019No933, 2019No1972 (Joint) Decided July 26, 2019: Dismissal of an appeal. Defendant B appealed (Supreme Court Decision 2019Do12074) but withdrawn the appeal on October 16, 2019.

Defendant

A on July 5, 2018, in the Daegu District Court Port Support, the sentence of imprisonment with prison labor for not less than one year and six months and three years of suspended execution was finalized on October 19, 2018.

【Criminal Facts】 Defendant B was known to Defendant A and his peace, and C was known to Defendant A and the military forces.

The Defendants conspired to borrow a vehicle under the name of another person in early 2014 after obtaining a loan under the name of another person, and then sell it for money by selling it. On August 10, 2014, Defendant A made a false statement to the following: “On the part of the family members who will receive an auction, he/she may obtain a high-income from the sale after obtaining a successful bid for the motor vehicle from the auction market.” The Defendants borrowed the name of the family members who will receive an auction and use the proceeds from the sale by dividing the proceeds from the sale. All the expenses will be borne by him/her.”

However, in fact, the defendants thought that they would acquire a heavy loan from a capital company in the name of the victims (C's family members) after purchasing a heavy vehicle, dispose of it as a large vehicle and acquire the proceeds therefrom, and there was no intention or ability to divide the proceeds from the sale of the vehicle to C and victims.

Nevertheless, the defendant A received from C the documents necessary for his application for the purchase of heavy vehicles and the application for installment financing, such as the certificate of personal seal impression in the victim D, which is the wife of C on the same day, and the defendant B and the defendant B.