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(영문) 대구지방법원 2013.07.25 2012고단5622 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 1991, the Defendant was sentenced to 20 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery Rape) at the Busan High Court, and completed the execution of the sentence in the Daegu Prison on June 29, 201.

【Criminal Facts】

The Defendant and C, without the intention of holding a motor vehicle, purchased a motor vehicle from a capital company and planned to lend the vehicle to another person, and C, even though the Defendant knew that he/she did not have any ability or intent to pay the loan, intended to introduce a motor vehicle dealer to purchase the motor vehicle, and then publicly recruited to take charge of the role of disposing of the motor vehicle, and the Defendant to provide the name for purchasing the motor vehicle.

On October 1, 2011, the Defendant: (a) purchased one motor vehicle from a seller introduced by C at the point of Hyundai Motor Vehicle Branch located in the Daegu Suwon-dong 318,000, the market price of which is 2,7730,000 won; (b) had no intention to hold a motor vehicle; (c) had no intention to hold a motor vehicle; (d) had intention to hold a motor vehicle even though there was no ability or intent to repay the loan; and (e) applied for a loan of KRW 24,90,00 to Hyundai Capital Co., Ltd., a victimized company through the said seller, for a loan of KRW 48 months.

The Defendant and C had the victimized Company pay KRW 24.9 million out of the purchase price of the car to Hyundai Motor Co., Ltd.

Accordingly, the defendant, in collusion with C, had the victimized company by deceiving the victimized company, thereby having acquired the pecuniary profit equivalent to KRW 24.9 million from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. An application for goods;

1. A list of requests;

1. A detailed statement of deposit;

1. Automobile register;

1. Previous records: Application of Acts and subordinate statutes to inquiries such as criminal records, etc. and personal identification status;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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