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(영문) 대구지방법원 김천지원 2013.12.12 2013고단648
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with B and C, applied for a loan of automobile purchase funds to a lending company for the lending of automobile purchase funds, purchased a vehicle with the loan, and offered to sell it in the middle notice and raise cash immediately.

On November 10, 201, at an agency in Yongsan-gu, Daegu-gu, Busan-dong 950-1, the defendant made a signature and seal of the defendant on the applicant's column for the loan necessary for the purchase of a motor vehicle stated as "E company general affairs division" and the defendant made D request for the loan of the vehicle purchase fund at the office of Seogu, Daegu-dong 110-1, the defendant requested D to use the vehicle purchase fund at the office of Seogu, the victim Hyundai Capital Co., Ltd. located in 110-1, Nam-gu, Seoul-dong 110-1.

However, at the time of fact, the Defendant did not work in the general affairs of the E company, and the reason for the Defendant, B, and C’s purchase of the above K5 car was immediately the purpose of purchasing it by selling it in the middle notice and making cash for personal consumption. While the Defendant was at the time of the occurrence of damages, while the Defendant was at the time at a monthly rate of 5 million won, it did not remain if he paid the monthly living expenses from the “FC” which was employed at the time, and there was no intention or ability to repay it even if he received a loan from

Ultimately, in collusion with B and C, the Defendant, by deceiving the victim, and by allowing the victim to deposit KRW 24,300,000 in a car (owner) under the pretext of a loan for vehicle purchase, acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. C’s legal statement;

1. The police statement concerning G;

1. The complaint, written application for loan, confirmation of the fact and status of the automobile sales contract, details of deposit, and register of automobiles;

1. The suspect for the investigation report shall have the vehicle.

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