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(영문) 대구지방법원 2014.01.23 2013고단2060
사기
Text

A defendant shall be punished by imprisonment for six 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 June 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of two years for a violation of the Punishment of Tax Act in the Seo-gu District Court's branch branch court's order, and the judgment became final and conclusive on June 22, 2012.

The Defendant, while engaging in the signboard manufacturing business, was at a lower credit rating due to tax in arrears, was unable to grant a loan to a financial institution under the name of Dong C, and used it as a business fund. The amount of the loan reaches approximately KRW 100 million, and again, the Defendant was not able to repay the loan even if it borrowed money from others because there are many debts such as having a total of approximately KRW 80,000,000, while engaging in steel wholesale and retail business.

Nevertheless, in order to gather the demand for the repayment of the obligation from the financial institutions and the branch, the Defendant requested the above C to receive the loan under the name of the purchase price for the middle and high loan, and the above C consented thereto. On December 26, 201, at the parking lot of the Daegu-gu Daegu University Hospital, Daegu-gu, Daegu-gu, 4 and 3056-6, Daegu-gu, Daegu-gu, 201, the above C was given a signature and seal on the written agreement of flusing the payment of the loan to the officers in charge of the loan of the victim Arith Capital Co., Ltd., and was given a loan of KRW 24 million as if he would normally operate and keep the vehicle and repay the loan to the officers in charge of the loan of

However, the defendant and C had no intention to normally operate and keep the used cars even if they were purchased as used cars, and there was no ability to repay the loan by installment.

Ultimately, in collusion with the above C, the Defendant, as seen above, belonged to the victim capital stock company, and obtained KRW 24 million as a loan, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement made to D by the police;

1. A complaint;

1. The details of receipt of principal and interest on a copy of the installment financing transaction agreement, the register of automobiles, the certificate of automobile transfer, and the disposable discrimination;

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