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(영문) 춘천지방법원 강릉지원 2016.11.09 2016고단1059
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 March 2012, the Defendant reported and contacted the advertising leaflets that it is possible to grant a loan regardless of credit regardless of credit, and provided D in the name of the Defendant, the Defendant, the name-based C, and the name-based D purchased a vehicle with an installment loan in the name of the Defendant, even if the Defendant, the name-based C, and the name-based D were to receive a loan, but the Defendant did not intend to pay the vehicle, and sold the vehicle with an installment loan in the name of the Defendant to divide the purchase price.

On May 2, 2012, the Defendant conspiredd with L, etc. in collusion with L, etc., and prepared and issued a written application for the reduction of Hyundai Capital Co., Ltd. as if the Defendant worked for G, the Defendant would have lent KRW 30,500,000 out of the vehicle price to a staff member in the name of Hyundai Capital Co., Ltd. when purchasing a beely cruise vehicle at the F agency located in Suwon-si, Suwon-si.

However, the Defendant did not have any particular property, occupation, etc., and did not have worked in the said G. Even if the Defendant purchased the said vehicle, he was willing to immediately dispose of it and make a loan to the said vehicle, and thus did not have the intent or ability to pay the vehicle proceeds

As above, the Defendant conspired with the Defendant in collusion with the named C, named D, by deceiving the victim, and by taking out 30,500,000 won as a loan from the victim for the purchase of vehicles, the Defendant acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. The loan examination table, the information inside and outside of the examination districts, the loan contract, and the agreement;

1. Application of Acts and subordinate statutes to the defendant's identification card, resident registration, copy of a certificate of personal seal impression, certificate of acquisition and loss of health insurance qualifications

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation Act, the Act on Probation, etc.;

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