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(영문) 대구지방법원 경주지원 2016.07.21 2016고단91

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 2010, the Defendant purchased a vehicle from Korea Co., Ltd. (hereinafter “victim”) in the name of the Defendant under the name of Korea Co., Ltd. (hereinafter “ Victim Co., Ltd”), and sold it, and conspired to use it in installments.

On December 23, 2010, the Defendant, along with B, purchased a vehicle for SM5 passenger use in fact through E, which is an employee at the agency of the Mano Motor Vehicle D located in Pelon-si, Sejong, and the installment payments will be made without the mold.

“Along with the purport that “Around that time,” the Plaintiff entered into a installment financing contract on the condition that a monthly installment payment of KRW 24,900,000,000 for the passenger car for food SM5 in 201, and KRW 2,120,000 for the advance payment, and KRW 751,878 for the 36-month period. Around that time, the Plaintiff was handed over one of the above SM5 passenger car from a street car and paid KRW 24,90,000 to the victim company as a loan for the part of the car.

However, in fact, the defendant was in bad credit standing when he was liable to pay 30,000,000 won, and the defendant and B did not think that they would dispose of the above vehicle immediately after receiving the above vehicle, and therefore, they did not have any intention or ability to pay installments to the victim company.

Accordingly, the defendant, in collusion with the victim company B, deceiving the victim company, thereby acquiring the pecuniary profit equivalent to the above loan from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Statement made by the prosecutor with respect to B;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint, power of attorney, installment financing, loan agreement, etc., a copy of a sales condition, a copy of a resident registration certificate, a certificate of resident registration (A), a certificate of resident registration (A), a certificate of business registration and a certificate of value-added tax, a resident registration abstract (A);