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(영문) 대전지방법원 논산지원 2014.07.22 2014고단118

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Prior Crimes under the latter part of Article 37 of the Criminal Act] On April 1, 2014, the Defendant was sentenced to a suspended sentence of four years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, an injury by deadly weapons, etc.) in the Daejeon District Court Branch of the Daejeon District Court on April 1, 201 and the judgment became final and conclusive

【Criminal Facts】

The Defendant obtained a loan from the social service Korea Co., Ltd., Ltd., the victim Alpha alpha, in the name of the Defendant, from the Defendant, to purchase a used vehicle with a cash of KRW 5 million, and conspired with C to transfer the vehicle to C.

On November 1, 2011, the Defendant issued to C documents such as seals, identification cards, resident registration copies, and certificates of personal seal impression necessary for the installment purchase of used cars. C, on November 16, 201, at the E office located in Seo-gu Daejeon, Daejeon, the market price of which is equivalent to KRW 15 million and that of KRW 7 passenger cars would be purchased after being borrowed from the damaged company. On November 16, 201, the Defendant prepared a loan agreement for the purchase of used cars in the name of the Defendant, and applied for a loan of KRW 15 million for the above used cars to the victimized company.

However, in fact, the defendant was 5 million won and was thought to transfer the above used cars to C, and C was thought to acquire profits by disposing of the above used cars to a third party, so the defendant and C did not have any intention or ability to pay the borrowed cars in installments from the damaged company.

Accordingly, the Defendant, in collusion with C, induced the damaged company, and caused the victimized company to pay the above used cars purchase price of KRW 15 million on behalf of the victimized company, thereby acquiring pecuniary benefits equivalent to the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer on F;

1. A copy of a loan agreement, a copy of a motor vehicle registration certificate, a copy of a motor vehicle transfer certificate, the register of motor vehicles, the president and the past;