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(영문) 인천지방법원 2015.10.07 2013고단4651

사기등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

The defendant of "2014 Highest 9024" is the representative director in the form of the C hotel, and D is the actual operator of the above company.

As the defendant and D lack of corporate acquisition funds in the process of acquiring a corporation with a high performance in order to obtain a loan of the above hotel construction fund, the defendant and D conspired to purchase a second class vehicle with a loan from a financial company and to acquire it as collateral to the bond company and to acquire the above loan by means of lending the bonds.

On February 5, 2013, the Defendant purchased GLF vehicle from “F Motor Vehicle Trading Company” located in Seo-gu Incheon, Seo-gu, Incheon, in KRW 23,200,000, and applied for a loan equivalent to the above vehicle price to the employees of the victim Hyundai Capital Co., Ltd. without providing the vehicle as security to a third party until the loan is fully repaid.

However, in fact, even if the defendant and D purchased the vehicle, it was thought that they would immediately provide the bond company with the collateral without the intention to maintain it normally, and there was no intention to repay the borrowed money for the above-mentioned and the above-mentioned purchase.

Ultimately, the Defendant and D conspired to induce the victim as above and caused the victim to pay 23,200,000 won to the above trading company on the same day, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

"2014 Highest 9024"

1. Defendant's legal statement;

1. Partial statement of D;

1. Legal statement of the witness H;

1. Statement of the police officer to I;

1. An application for the loan of modern Capital, a claim list, a motor vehicle register, an investigation report (in addition to the terms and conditions attached to the application for the loan from the complainant), and a copy of the terms and conditions attached thereto;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act