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(영문) 대구지방법원 서부지원 2016.09.09 2016고단256 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On February 13, 2015, the Defendant was sentenced to a fine of KRW 10,00,000 for fraud in the Western Branch of the Daegu District Court on February 13, 2015, and the said judgment became final and conclusive on April 16, 2016.

On March 1, 2013, the Defendant: (a) issued a certificate of seal imprint, resident registration certificate, a copy of a national bank, the head of the Tong, and the Daegu Bank passbook; and (b) granted the right to file an application for the installment loan to the party in default; (c) around July 1, 2013, the Defendant received a loan of KRW 37,00,000 from the E K7 vehicle purchase fund of KRW 894,620 each month to pay the installment of KRW 894,620 each month in the name of the Defendant; and (d) submitted a new written application, etc. to the Defendant Hyundai Capital Co., Ltd. via the Defendant’s employees F at the same place.

However, at the time, the Defendant did not have any property, and immediately delivered the said car to the person designated by the person in the name of the above, and sold it to another person, and there was no intention or ability to pay the installment, because it was thought that the purchase price would have been divided into the name of the above person in the name of the person

The defendant, in collusion with the above person who was dissatisfying the victim and caused the victim to pay 37,000,000 won out of the purchase price of the above K7 car, and acquired the equivalent property profit by receiving the vehicle delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Application form for subscription, terms and conditions of credit transaction basic terms and conditions, ledger of automobile registration, list of claims, mail, and details of deposits;

1. Certification of details of deposit transactions, and application of Acts and subordinate statutes on financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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