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(영문) 수원지방법원 안양지원 2016.02.12 2015고단780

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to a suspended sentence of one year for an occupational breach of trust on the part of the Defendant’s support for the development of the Suwon method, and the said judgment became final and conclusive on July 5, 2014.

On September 20, 2012, the Defendant made a false statement to the victim D office operated by the victim C in Ansan-si, the Defendant agreed to purchase two vehicles of this vehicle “E (State) operated by the Defendant,” and that the Defendant would transfer the name to E (State) within one month, because the Plaintiff could not purchase the two vehicles under his name or E (State) due to the circumstance, and the Plaintiff could not purchase the vehicle under his name or E (State).

However, the defendant does not intend to purchase vehicles in the name of the victim, but intends to borrow a vehicle possessed by the defendant by using the victim's name, and at the time, the defendant did not have any specific revenue and property, and at the same time, he did not have any intent or ability to repay the above loan, as it is reasonable to pay the defendant's liability to the amount equivalent to 48 billion won per month.

After receiving a seal imprint certificate, etc. from the injured party with his/her consent related to the use of the name, the Defendant was granted a loan of KRW 165 million from the modern social (state) using the victim's name.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement or part of the statements by the witness C and F;

1. A complaint (including attached documents);

1. Previous offense records: Criminal history inquiry and investigation report (report on the attachment of separate judgments) [the defendant lending his/her name to lend his/her name for the purpose of lending and truely speaks that he/she did not deceiving the victim, and the business that is being promoted or designated as a transportation company from the shipping company is likely to repay the loan and transfer the name of the loan to the corporation if it is well progress, so there is no intention to commit fraud;

The argument is asserted.

However, this Court is legitimate.