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(영문) 광주지방법원 목포지원 2015.08.21 2015고단695

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

Punishment of the crime

The Defendant, along with his name-free loan slabs, received a loan from the victim capital Co., Ltd. as a vehicle purchase fund in the name of B, purchased a vehicle in the name of B, and paid a loan in 737,750 won per month for 36 months, applied for a loan to the victim company, and conspired to distribute the purchase price after selling the vehicle with the loan fund.

According to the above public offering, the Defendant, along with his name in boxes, applied for a loan for vehicle purchase to the employee in charge of the victim company, who purchased the vehicle in the name of the Seoul Seo-gu, Seo-gu, Gwangju, and applied for a loan to the employee in charge of the victim company in charge of vehicle purchase in the name of the company B on May 4, 2012, and received KRW 18 million from the employee in charge of vehicle financing.

Accordingly, the defendant, in collusion with the false names, acquired 18 million won from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to B;

1. Copies of each police statement concerning D;

1. Copy of the agreement on installment financing of used cars, copy of the application document for loans, such as resident registration certificates, copy of the register of automobiles, copy of account transaction in B, details of integrated account transaction, and details of account transaction; and

1. Application of Acts and subordinate statutes to a copy of the investigation report (to make DNA recording or hearing statements by a complainant) or a copy of the investigation report (to verify the sale of used cars);

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

3. It appears that the Defendant appears to have recognized and reflected his mistake;