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(영문) 서울동부지방법원 2012.11.20 2011고단2956

사기

Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for defendant C and for defendant D, for four months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A is a person who operates (main) K in Seongdong-gu Seoul, and Defendant B is a person in charge of loans from (main) K, Defendant C is a person with heavy straw, Defendant C is a person with heavy straw, and Defendant D is a person with heavy straw with a long knowledge of it for a long time in the middle straw trade market with Defendant C.

Although Defendants did not have the intent or ability to repay money, they were willing to offer false vehicle security loans, Defendant A and Defendant D conspired to prepare loan-related documents, and Defendant C and Defendant D are able to do so.

On April 13, 2011, at least 12:30 minutes, Defendant C and Defendant D falsely concluded that “N”, a used car installment agent operated by the victim M& in Seongdong-gu Seoul Metropolitan Government, had the vehicle purchase document of O, and had “(O) to purchase (P) Quol car as security”.

However, the Defendants did not have the intention or ability to repay the loans even if they borrowed a vehicle as collateral, and there was no idea to provide the said vehicle as collateral.

As such, the Defendants, by deceiving the victim, received vehicle security loans from the victim, and received 24.5 million won as R’s account, and 3.85 million won was paid as Defendant D’s account.

Summary of Evidence

1. Defendant B’s legal statement and each part of Defendant C and D’s legal statement

1. Each legal statement of the witness M,O, S, B, T, U, V, X, Y, Z, AA, and AB, and each legal statement of the witness C and D;

1. The entry of Defendant A’s partial statement in the suspect interrogation protocol (including the substitute part) of Defendant A by the prosecution against Defendant A and the application of the respective statutes on the entry of Defendant C, Defendant C, Defendant D,O, B, R, and M

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Defendant A with the reasons for the suspended sentence (Defendant B, C, and D) under Article 62(1) of the Criminal Act and the sentencing, Defendant A denied the instant crime, but the foregoing evidence is recognized.