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(영문) 인천지방법원 부천지원 2012.04.19 2011고단1789
사기
Text

Defendants shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

After the Defendants acquired the company from the Korea Credit Guarantee Fund in collusion with E to collect money from the Korea Credit Guarantee Fund or by issuing bills. Defendant A entered it as the representative director in the name of the company F, which is a stock company, and Defendant B prepared money by means of returning back to the company after purchasing the company fund, and E decided to take charge of loan problems.

On July 16, 2010, Defendants concluded installment financing agreements with the victim social company and the installment period of 36 months, the principal of the premium, 799,376 won per month, and the 20th day of the settlement date when they purchased H rocketing used cars in the Dong-gu G office in Ansan-si, Seoul-si.

However, the fact was that the victim did not have the intent or ability to repay the loan even if it was given by the victim, and the purpose of the car was to lend cash to the recipient after the loan was made.

As seen above, the Defendants deceiving the victim as above and were loaned KRW 19.2 million from the victim on the same day.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement in the second protocol of trial;

1. Each statement of witness B and I;

1. Defendant A’s partial statement and Defendant B’s statement among the suspect interrogation protocol of the prosecution against the Defendants

1. Statement to J police officers;

1. A complaint;

1. A detailed statement of the agreement of secondhand installment financing, the full certificate of registered matters, the register of automobiles, the business registration certificate, and the details of transactions;

1. Investigation report (E image materials attached) (Defendant B);

1. Defendant B’s statement in the second trial record;

1. Statement to J police officers;

1. A complaint;

1. A detailed statement of the agreement of secondhand installment financing, the full certificate of registered matters, the register of automobiles, the business registration certificate, and the details of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (E video materials attachment);

1. Articles 347(1) and 30 of the Criminal Act of the corresponding Article 347 of the Criminal Act concerning the facts constituting an offense (the defendants).

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