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(영문) 부산지방법원 2012.06.27 2011고단4716

사기등

Text

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

Reasons

Punishment of the crime

1. Crimes of forging private documents or uttering private documents;

A. On September 2010, the Defendant: (a) purchased one motor vehicle for the Austrian vehicle at 42 million won in a used motor vehicle selling price where it is difficult to ascertain the trade name in Sungnam city; (b) purchased one motor vehicle for the Austrian vehicle at 42 million won; and (c) without being delegated by his mother’s authority to file an application for the purchase and loan of a motor vehicle from Da; and (d) entered “D” and “E” in the application for the loan of a loan to Hyundai Capital Capital Group.

Accordingly, for the purpose of uttering, the Defendant forged a loan application in the name of D, a private document on rights and obligations.

B. At the above time and place, the Defendant submitted one copy of the above loan application to the employees of Hyundai Capital Co., Ltd., who could not know the above forgery, and exercised it as if they were duly formed.

2. The Defendant committed fraud, at the same time and place as the above paragraph (1) above, prepared a loan application form and submitted it to the employees of the victim Hyundai Capital Co., Ltd., and applied for a loan under the name of a second class purchase fund.

However, the defendant did not have the authority to purchase motor vehicles and apply for loans from D, who is the name of the loan holder, and there was no intention or ability to repay the loan.

The defendant was given 42 million won as a loan from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Evidence records 48 pages);

1. Application of Acts and subordinate statutes to loan funds for purchasing a second class vehicle, a certificate of accident, a motor vehicle registration certificate, a certificate of automobile transfer, an application for registration of transfer;

1. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, and Article 234 of the Criminal Act for the crime;