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(영문) 대구지방법원 2016.11.10 2016고단3370

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to eight months of imprisonment for fraud at the Daegu District Court on October 28, 2016, and the judgment became final and conclusive on November 4, 2016.

Defendant

A: (a) A was a person who was sead with a used vehicle of “D” and was continuously demanded to repay debts around September 2015; (b) had purchased a vehicle and sold it again; (c) had the intent to receive a loan equivalent to the purchase price in the purchaser’s name; and (d) Defendant B and the end of Defendant B purchased a vehicle in the name of “D” around September 25, 2015; and (c) had the intent to receive a loan under the name of Defendant B by pretending to sell the vehicle to Defendant B.

Accordingly, around September 30, 2015, Defendant B submitted the loan application form and the copy of the driver’s license to Defendant B as necessary for Defendant B’s loan application to the employees in charge of the loan of the victim company via H’s employees I, the victim Hyundai Capital Co., Ltd., the Defendant found the Defendant, who vicariously performed the business of loaning the part-time loan of Hyundai Capital Co., Ltd., Ltd., the Defendant, and submitted the documents necessary for Defendant B’s loan application, including the loan application form and the copy of the driver’s license.

However, in fact, the Defendants did not conclude a sales contract for E E E E-cub automobiles.

The Defendants conspired as above to induce the employees in charge of lending funds of the victim company, and thereby, received 36 million won from the employees in charge of lending the victim company to the Daegu Bank Account in the name of the Defendant through the above H account in the name of the above corporation around September 30, 2015, under the pretext of loans to the funds for purchasing automobiles from the victim company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to J police officers;

1. The agreement on loans from modern Capitals and the certificate of remittance;

1. The judgment division: Criminal history records, and criminal investigation reports A.