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(영문) 서울북부지방법원 2016.02.02 2015고단3416
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 6, 2015, at around 18:00, the Defendant purchased a vehicle by applying for a loan to purchase the vehicle under the name of the Defendant at a coffee shop near the boundary of the Nam-gu Incheon Metropolitan City (one name C). The Defendant disposed of the vehicle under the name of the Defendant, and the Defendant conspiredd with the name in return to receive two million won from the person who was in the name of the Defendant.

On the same day, the defendant prepared an application for the second loan necessary for the loan and delivered it to the non-party name, and the non-party name, submitted an application for the second loan in the name of the defendant in the office of the Vietnam-gu Incheon Nam-gu, Incheon, and applied for the loan of the automobile purchase fund to employees in the name of the victim's Hyundai Capital Co., Ltd. to employees in the name of the defendant

However, in fact, the defendant applied for a loan for the purpose of financing rather than applying for a loan to purchase a vehicle without any specific property, and the purchased vehicle also thought to dispose of it on a large scale, so there was no intention or ability to repay the loan normally to the victim company.

In collusion with the defendant and the person in unsound name, the defendant and the person in unsound the employees of the victim company, and through the above employees, were delivered KRW 18 million from the victim company on February 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. An application for heavy loan and the register of automobiles;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant was granted loans from the damaged person as a means of current financial services without the intention to actually use the vehicle.

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