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(영문) 창원지방법원 2015.04.03 2014고단2195
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 became final and conclusive.

Reasons

Punishment of the crime

On August 27, 2014, the defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for fraud at the Changwon District Court for the same year.

9.4. The above judgment was finalized.

The Defendant, along with D, purchased a vehicle under the name of E and conspired to sell and benefit from the vehicle, because E, which requested the loan, is not the actual purchaser of the vehicle, and is not the object of installment financing.

On August 23, 2011, the Defendant appeared at the “H” office located in the G used cars trading complex located in Daegu-gu, Daegu-gu, which was introduced by the Defendant, and purchased an automobile under E in its name, and made a mid-term agreement on the loan of funds for purchasing a vehicle by applying a annual interest rate of 24% to the social Korea Co., Ltd., Ltd., which is a company that financed a vehicle, to pay 18 million won in installments for 36 months, and submitted a written agreement on the loan of funds for purchasing a vehicle by applying a annual interest rate of 24% for 36 months. The Defendant submitted a written agreement on the loan of funds for purchasing a vehicle under E’s name.

However, in fact, the Defendant was well aware that he did not have the ability to repay the loan even if he received the loan from the victim due to the lack of the ability to repay the loan, and the Defendant also purchased the vehicle with the loan from the victim without any intention or ability to repay the loan, and then was thought to take profits from selling it.

Nevertheless, the Defendant belongs to the victim company as above and was transferred 18 million won from the victim company around August 24, 201.

Accordingly, the defendant conspireds with D to deceiving the victim, thereby deceiving the victim's money.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Investigation report (A telephone communications report);

1. A motor vehicle transfer certificate and a statement of financial transactions;

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