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(영문) 수원지방법원 평택지원 2012.09.27 2012고단46

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, by using another person’s identification card, loan documents, etc., intended to obtain a loan by obtaining a vehicle security loan from him/her, and asked D to obtain a loan of 32 million won as security for BM passenger cars, and received three copies of a certificate of personal seal impression, a certified copy of resident registration, and a written application for installment financing from D.

On June 1, 2011, the Defendant sent a telephone to the “G” office operated by Gangseo-gu Seoul Metropolitan Government Eth 3rd victim F, and served as one’s employee, as if he were I. Ha. “The Defendant would make an application for installment payment of KRW 32 million to purchase the 2007 BMW car (J) in the name of D.” The Defendant sent D’s personal seal impression, resident registration copy, etc. received from D as above to Kwikset service, purchased the vehicle with the loan, and gave the same attitude to repay the loan normally.

Thus, on June 2, 2011, the following day from the victim by deceiving the victim as above, the defendant was given 29 million won as a loan to the bank account in the name of I on June 2, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the fact that there is no previous conviction beyond the fine within the preceding five years, the confession and rebuttal of the crime of this case, the family members to support the crime of this case, the victim does not want the punishment of the defendant, and the fact that the victim was detained for 26 days in this case) or more.