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(영문) 수원지방법원 성남지원 2014.05.22 2014고단319

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

Criminal facts

The Defendant, along with C (Death on March 7, 2013), purchased a motor vehicle from the victim D Co., Ltd. using an installment loan for purchasing a motor vehicle and intended to dispose of it to others. On September 13, 2012, the Defendant: (a) concluded a loan agreement with the victim to use the vehicle to make a loan to others; (b) on September 13, 2012, the Defendant sold the vehicle to others only without the intention to actually purchase the vehicle; and (c) concluded a loan agreement to use the vehicle to make a loan to make a loan; and (d) even if the Defendant did not have any money and did not receive any revenue, even if he did not have the intention or ability to make an installment pursuant to the loan from the victim, he/she did not receive 5,320,000 won from the victim as the purchase price for the motor vehicle produced by the IAF Co., Ltd., Ltd.; (b) concluded the loan agreement with the employee in charge of the loan to pay the loan amount of KRW 1,2500,00.

Accordingly, the defendant acquired the property of the victim in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of installment application, claim list, and register of automobiles Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of this Act provides that if the victim and the victim want not to be punished by the defendant, the first offender, and favorable circumstances such as the recognition of and reflects on mistakes, and other circumstances such

1. Social service order under Article 62-2 of the Criminal Act;