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(영문) 대구지방법원 안동지원 2016.01.26 2015고단315
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2014 to May 2014, the Defendant: (a) was operating LG Plus agency; (b) was subject to the suspension of business from March 2014 to DG Plus agency; and (c) was subject to the reduction of sales commission; and (d) was not deposited as an agency penalty for several months from June 2014 to when the financial status has deteriorated, the Defendant purchased a vehicle with a loan from the purchase fund in the name of the Defendant; and (d) purchased the vehicle by selling the vehicle and used the money for debt repayment and living expenses.

1. On August 19, 2014, the Defendant purchased a e-high vehicle 1 vehicle E at a modern car D agency located in Hyundai Car C at the permanent residence of August 19, 2014. The Defendant prepared an application for a loan with the content that, even if he/she received a loan from the victim Hyundai Capital Co., Ltd. to purchase a vehicle in the name of the Defendant, he/she actually operated or did not intend to own it, and even if he/she received a loan from the modern Capital, he/she would not have any intent or ability to repay the loan, and then deliver it to the employees belonging to the said agency and deliver it to him/her by telephone, and thereafter, makes a false statement as if he/she would directly operate and own the said high vehicle.

On August 19, 2014, the Defendant paid 23,600,000 won from the injured party to Hyundai Motor.

The Defendant sold the said vehicle on September 2, 2014.

2. On August 29, 2014, the Defendant purchased one unit of Hlearning car at a vehicle G agency located in salary-gun F on the part of the Defendant, and the fact is that the Defendant purchased a vehicle under the name of the Defendant with a loan from the victim Hyundai Capital Co., Ltd., Ltd., the Defendant did not actually operate or possess the vehicle even if it was purchased under the Defendant’s name, and even if it was loaned from the Hyundai Capital Capital, the Defendant did not have the intent or ability to repay the vehicle purchase fund.

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