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(영문) 의정부지방법원 2016.05.20 2015고단3647

사기등

Text

A defendant shall be punished by imprisonment for six 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. On June 20, 2014, the Defendant: (a) around June 20, 2014, sold vehicles from the office of the branch office of the D government branch office located in D in D, in which the Defendant is working as a business employee; (b) sold the vehicle to E visiting customers; and (c) sold the vehicle to E by passing through the loan screening of the victim non-Nenc Capital Company; and (d) the Defendant had the vehicle sold by entering the performance of the vehicle.

Accordingly, the Defendant made a false statement to sell the above SM3 vehicle to E in KRW 25,885,700 on the same day, and applied for a loan of KRW 20,200,000.

However, since the actual ex-factory price of the above vehicle was 17,250,910 won, if the victim corporation knew of such fact, it was impossible to lend KRW 20,200,000.

Nevertheless, the Defendant, as such, by deceiving the victim corporation, was immediately given 4,863,566 won to the national bank account in the name of D Co., Ltd.

2. On June 28, 2014, the Defendant altered official documents, at the office listed in paragraph (1) around June 28, 2014, sent a document stating “23,690,749 won” by using a computer located in the above office, and then altered the ex-factory price of the automobile registration certificate, which is a certificate for the rights and duties issued by the Government Market, on June 25, 2014, by placing it on KRW 17,250,910 and by creating a copy, the Defendant changed the shipment price of the automobile registration certificate, which is a certificate for the rights and duties issued by the Government Market.

3. The Defendant holding an altered official document shall use the copy of the altered registration certificate continuously and in the place specified in paragraph 2, by facsimile, to the victim corporation, which is not aware of such circumstances.