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(영문) 인천지방법원 2014.10.29 2014고단1385
사기
Text

A defendant shall be punished by imprisonment for one year.

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 September 16, 2012, the Defendant, at around 11:00, received a proposal from D in Yangcheon-gu Seoul Metropolitan Government, that if the Defendant borrowed the name of the Defendant in purchasing vehicles from E and F company employees of E and F company, the Defendant would divide the profits.

On September 21, 2012, the Defendant stated that “The Defendant would make payment in 3810,000 won per month for each 63-month period if he/she lent KRW 173 million to the FF company by purchasing treatment 26 tons high-tensions vehicles to be used by the employees of the said company.”

However, the defendant did not have the ability to pay installment even if he purchased a vehicle due to the absence of particular property, and the defendant did not have the intent to pay installment because he did not have the intent to use the pressure roll vehicle after concluding the installment contract in the name of the defendant in accordance with the proposal of the above E and G.

The Defendant, in collusion with the above E and G, by deceiving the victim as above, obtained a loan of KRW 173,00,000 from the victim, and made payment of KRW 173,00,00 as the purchase price of the pressure roller vehicle, thereby taking the profits equivalent to the

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of each police interrogation protocol of E and G;

1. The police statement of K;

1. Application of Acts and subordinate statutes to documents attached to a complaint, such as a complaint for transportation service contract, a redemption order, a claim list, a sales contract for automobiles/construction machinery), a motor vehicle registration certificate, an investigation report, etc.;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (at least KRW 100,000, but less than KRW 500,00) is the basic area (one to four years) (one to four years).

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