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(영문) 인천지방법원 부천지원 2017.06.29 2017고단997
사기
Text

A defendant shall be punished by imprisonment for four 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 April 2016, the Defendant borrowed KRW 7 million from B (one named “C”) which is an insurance and loan fraud organization, and purchased a motor vehicle under the name of the Defendant without intention or ability to make a change, and conspired with B to deliver the vehicle to the said B as a substitute repayment.

Accordingly, the defendant and B are the same in this year.

6. At around 22, 200, DSS6 motor vehicles purchased from the Defendant’s name through DSS6,797,000, in the name of the Defendant through DM6’s endurgurgurgr, and the victim Alhurgian Co., Ltd., Ltd., Ltd., who was introduced through Furgr, borrowed the purchase price of the above vehicle to the employees in charge of social services Korea Co., Ltd., Ltd., in good faith, as if he/she would faithfully repay the purchase price of the above vehicle, he/she was loans KRW 23 million from the injured party on or around the 27th day of the same month.

Accordingly, the defendant, in collusion with B, acquired 23 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints (List 1), the Motor Vehicle Registration Register (List 2), the status of deposits (List 3), the maximum payment details (List 5), applications for installment financing, etc. (List 6);

1. Application of the relevant Acts and subordinate statutes to each investigation report (list 10,11,12);

1. Article 347 (1) and Article 347 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and imprisonment with prison labor for the crime;

1. Article 62(1) of the Act on the Suspension of Execution appears to have not led to the crime (a confession, reflectiveness, first offense, and failure to lead the crime) of the Criminal Act. The criminal proceeds of the defendant appear to have been KRW 700-800,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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