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(영문) 창원지방법원 2016.08.04 2016고단277
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant (State) as the representative director of D, purchased a vehicle with a loan from an installment financing company with a name card, tin, etc. that the said company directed in the financing column, and sold the vehicle at another place or offered it as security, and received money.

The Defendant, at around March 26, 2010, purchased the F Office located in Nam-gu Incheon Metropolitan City E, under the name of (ju), one of the F Staff members of F Company, a vehicle installment loan lender, in the market price of HW 48,900,000, equivalent to HW 250 won.

It means that the victim applied for a loan of 36,000,000 won as a 36-month installment.

However, in fact, the Defendant had a credit rating of 8 grade, and (ju)D operated by himself did not have the intent or ability to pay the principal and interest of installment payments even if he was given a loan due to card tin or tin, etc., even if he was in the situation of leaving a bill of exchange, and was intended to dispose of the motor vehicle purchased as above in other places or provide it as security.

The Defendant borrowed KRW 36,00,000 as a loan from the injured party on March 2010, and paid the purchase price for the said car.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol of interrogation of the accused concerning the first through fourth suspect against the prosecution (including the part concerning the I¡¯s statement in the second examination);

1. Statement made by the prosecution with regard to I;

1. Written Statement;

1. Each investigation report (verification of vehicle installment settlement account, submission of the details of passbook transactions in K, reporting on the necessity of a request for a search and seizure warrant, reporting on the result of execution of an account tracking warrant, and on the necessity of an additional search and seizure warrant, and reporting on the details of account transactions in Nonghyup LA account which is A borrowed account);

1. A copy of the agreement on application for non-financial services, a copy of a motor vehicle registration certificate, and a vehicle acceptance certificate;

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