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(영문) 전주지방법원 군산지원 2016.08.10 2015고단914
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the livestock product processing and packaging processing chain (N) D.

When the Defendant (such as U.D's financial situation is omitted, and when receiving a demand for payment from creditors, the Defendant borrowed the purchase fund for the vehicle through the victim (ju) Hyundai Capital, and was willing to immediately sell the purchased vehicle to lend the funds.

1. On September 25, 2014, the Defendant committed the crime of Sep. 25, 2014, at the Hyundai Motor F agency located in E in the following cities around September 25, 2014: (a) purchased a GN city car in the name of GN city in the name of GN city; (b) as if the Defendant would make an ordinary installment payment; and (c) issued the said agency sales staff H with relevant documents, such as a loan application, and the said H transferred the same to the staff in charge of the victim company.

However, the defendant was trying to lend funds by means of installment financing loans without the intention to purchase and hold the said car.

The Defendant, by deceiving the victim as such, received 41,500,000 won from the victim, namely, from the seat, and used it for the purchase cost of the said No.N. car, acquired property benefits equivalent to the same amount.

2. On October 31, 2014, the Defendant: (a) purchased the said agency’s car at around October 31, 2014; (b) purchased the INA car under the name of the said agency; and (c) by deceiving the victim in the same manner as described in paragraph 1; and (d) obtained loans from the injured party, namely, KRW 45,80,000, and used them for the purchase cost of the said NoNA car at around 45,80,000; and (c) obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The written application for a new loan of each modern capital, the guidance on the loss of time limit interest, the details of claims, and the details of payment of installments;

1. An abstract of the J's statement;

1. A certificate of repayment issued by K Preparation;

1. Data submitted by the Defendant (Evidence Nos. 27) such as financial statements (the record No. 27) / [the defendant has no fact of deceiving the victim, and is the criminal intent of

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