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(영문) 대구지방법원 경주지원 2014.06.11 2014고단13
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2010, the Defendant: (a) purchased a vehicle from C Trading Co., Ltd. located at Kimcheon-si, Kimcheon-si; (b) requested the sales company’s employees to apply for a loan for a loan for a second class purchase of a vehicle; and (c) falsely stated that “The Defendant shall apply for a loan of KRW 19,80,000 in the purchase price of a vehicle and pay the loan in equal installments for 36 months by 808,340 won on the 10th day of each month.”

However, in fact, the Defendant had no intention to own the vehicle because of the need to pay the loans, and the Defendant did not have the intention to pay the loans with the intention to file a petition for bankruptcy after using the loans as the broman fee, the remainder as the living expenses, etc.

The defendant acquired 19.8 million won from the victim to the new bank account (F) in the name of the defendant under the name of the defendant for the purpose of purchasing the second class of money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of each police statement concerning G;

1. Application of Acts and subordinate statutes to the investigation report of transaction details, each investigation report (Attachment to the automobile register), each register of automobiles, each investigation report (Attachment to the transaction details table and a redemption plan table relating to the Happiness Fund), new bank liquidity transaction statement, table of budget reimbursement plan, investigation report (Attachment to the case delivery statement), five copies of sending case to the H in the case concerned, investigation report (related to the person under the name of the passbook), complaint, written application for loans for borrowed money/agreement, automobile registration certificate, driver's license certificate, certified copy of the vehicle registration certificate, resident registration certificate, copy of passbook, deposit amount, deposit money report (as to the temporary suspension of cell phone suspect), investigation report (as to the contact information of the suspect), investigation report (as to the contact information of the suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act:

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