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(영문) 서울남부지방법원 2015.06.17 2014고단5169
사기
Text

Defendants shall be punished by imprisonment for six months.

except that 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 May 20, 2013, the Defendants purchased the FF Motor Vehicle Trading Complex No. 301 in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and Defendant A made a payment in installments between 896,975 won per week by lending KRW 22 million to a person in charge of lending the victim Dongyang Life Insurance Co., Ltd. through telephone, and Defendant B made and submitted documents necessary for the loan of the victim company in the capacity of Defendant A’s agent.

However, in fact, the defendants purchased a secondhand vehicle with a loan from the victim company and provided it as security at other places, and even if they received a loan from the victim company, they did not have the intent or ability to repay the loan properly.

The Defendants conspired to obtain a loan of KRW 22 million from the victim company on the same day as the purchase price of the vehicle, and received the above vehicle, and disposed of it in another place, but did not pay the loan in time, and acquired the pecuniary profit equivalent to the above amount in collusion.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. Statement of the police;

1. A complaint;

1. The written agreement on loan application;

1. Certificates of personal seal impression;

1. Details of deposits;

1. Application of the register of automobiles statutes

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. In a case where Defendant A [the scope of recommending punishment] [the scope of recommending punishment] under Article 62(1) of the Criminal Act, the reduction area (10 million won or less) of types 1 (100 million won or less) (1-1 year) in the reduction area (1-1 year), dolusent intentional act, or in a case where the degree of deception is weak, Defendant B [the scope of recommending punishment] has reduced the reduction area (10 million won or less) of types 1 (1-1 year) in the general fraud (1-1 year).

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