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(영문) 의정부지방법원 고양지원 2016.07.21 2015고단2533
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 4, 2012, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Suwon method Board, and completed the execution of the sentence on November 12, 2012.

[2] On September 1, 2014, the Defendant conspiredd with C to obtain necessary additional loans from other financial institutions in order to purchase a vehicle by obtaining a vehicle from a unit of a vehicle, puts credit on the vehicle, and then obtain necessary additional loans from other financial institutions.

However, the Defendant did not intend to pay the principal and interest of the loan even if the Defendant was to transfer the vehicle purchased with no ability to repay the principal even if he was given the loan due to the lack of the capacity to repay the loan to the extent of the need for additional loan because the business was not carried out smoothly at the time. Therefore, even if the Defendant was to leave the vehicle, he did not intend to pay the principal and interest of the loan.

Nevertheless, on September 26, 2014, at the office of the "E" office of the automobile installment financing company located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around September 26, 2014, as instructed by C, the Defendant received a loan of KRW 10,000,000 from the victim EK Savings Bank to the passbook of C for the purchase of used vehicles.

As a result, the Defendant conspired with C to deceiving the victim, and received 10,000,000 won from the injured party for the purpose of purchasing heavy vehicles.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. A protocol concerning the examination of the suspect of the second and third public prosecutor against the defendant (including the substitute part);

1. Loan agreement, motor vehicle registration ledger, ledger of loans, ledger of deposits, details of transactions, notification of the loss of time limit interest, recording notes with C and transaction details of passbook C;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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