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(영문) 대구지방법원 서부지원 2012.07.05 2012고단305

사기

Text

1. Defendant A shall be punished by a fine of 7,00,000 won, Defendant B, C, and D, respectively, by imprisonment for four months.

2. The defendant A is above.

Reasons

Punishment of the crime

Defendant

A On August 24, 2010, at the Daegu District Court sentenced two years of suspension of the execution of imprisonment with prison labor for night intrusion theft at night, and the said judgment became final and conclusive on September 1, 2010, and is currently under suspension of the execution.

Defendant

A around May 201, in order to repay his/her obligation, around May 201, purchased a motor vehicle with the intent to lend funds in the form of installment financing loan only without the intention to actually purchase and hold the vehicle with Defendant C, B, and Defendant D, and immediately agreed to acquire the motor vehicle and then receive the installment financing loan and the sales money for the motor vehicle.

Defendant

A around June 2, 2011, Hyundai Motor Vehicle (State) Dong-gu, Daegu, Dong-gu, 297-1, purchased 1,7,300,000 won of the market value from its business operator F, and filed an application for an installment loan of KRW 1,380,000 (36 months of the loan period, interest rate 7.95% per annum) with the victim Hyundai Capital Co., Ltd., and Defendant D paid 3,50,000 won in advance to Hyundai Motor (State).

However, in fact, the Defendants did not have the intent or ability to repay the loan even if they received the installment loan from the victim because they had applied for the installment loan with the intent of self-financial services as above.

Nevertheless, Defendant A received KRW 13,80,000 from the injured party under the pretext of vehicle installment loans, and purchased the said A-to-purd passenger vehicle, and around June 3, 201, Defendant A sold the said A-to-purd passenger vehicle amount of KRW 14,80,000 with the remaining Defendants in the G in Daegu-gu, Daegu-gu, and around June 3, 201.

As a result, the Defendants conspired to deception the victim and received KRW 13.8 million from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The prosecutor's statement concerning H;

1. A complaint;

1. A copy of the application for goods of modern capital, the register of automobiles;

1. A previous conviction in judgment: