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(영문) 대구지방법원 2014.12.24 2014고단4989
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 17, 2013, the Defendant, in collusion with the wife C, purchased DK9 car equivalent to 66,030,000 won at a gold market agency of the Sinsidong 372-1, the Defendant made a false statement that he would pay 5,30,000 won of the advance payment out of 66,030,000 won and pay 65,50,000 won of the remainder in installments for 48 months.

However, in fact, the Defendant had sold the above K9 and entered into the above contract with the aim of rapidly preparing 30 million won for the settlement of the partnership business to E, who is a partner. At the time, the Defendant did not have any intent or ability to repay even if he entered into the above installment agreement, such as local tax, national health insurance premium, etc.

Around June 21, 2013, the Defendant obtained a loan of an amount equivalent to KRW 65.5 million from the victim company, and purchased the said KS9 car and acquired the same pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. E prosecutorial statement;

1. The police statement concerning F;

1. An application for loan, documents related to loan, vehicle register, instructions for the loss of benefit from a deadline, statement of claims, details of deposits, details of individual deposits, meetings of short-term interest sources, and meetings for counseling about Capitals;

1. A letter of confirmation of the details of subscription to pension calculation (individual), a certificate of payment of the national pension insurance table, a motor vehicle registration certificate (K5 G), information inside and outside the examination, and a short-term investigation;

1. A copy of the statement of bank transactions, the National Bank on January 5, 2014, the National Bank on May 12, 2013, the National Bank, the Credit Report (C), and the Credit Report (A), the details of the national bank transactions, the details of the financial transactions from January 201 to April 2013, and the details of the national bank financial transactions.

1. A taxation certificate by local tax item, a detailed statement of unpaid premiums, and a value-added tax base certificate;

1. Investigation reports (the counter-investigation of a purchaser of a vehicle), investigation reports (the confirmation of the details of delivery of 53 million won as a counter-party to H), and

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