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(영문) 인천지방법원 2012.11.29 2012고단8160
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

When the Defendant got pressure to pay money due to a lack of any other income, the Defendant conspired with D, received a loan from the Defendant to purchase a motor vehicle under the name of the Defendant, and the Defendant immediately sold the motor vehicle and sold it in installments.

However, the Defendant: (a) made a false statement to the officer in charge, “I would like to make a loan to the employee in charge of the purchase of the vehicle and pay it in installments if I would like to do so even if I would have an intention or ability to pay the purchase of the vehicle even if I would like to do so; and (b) submitted an application for the loan of the purchase of the vehicle to the contractor E and the guarantor, with the content that I would like to pay the purchase of the vehicle if I would like to pay the purchase of the vehicle if I would like to pay the purchase of the vehicle if I would like to pay it if I would like to pay the purchase of the vehicle if I would like to do so.”

On the same day, the Defendant received KRW 24.8 million from an employee in charge of Aju Capital of the victimized Company as a fund for purchasing cars from the said employee.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Application of an erroneous debate, motor vehicle register law

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 on the stay of execution (the first offender is the defendant, and the circumstances leading to the crime in this case are considered);

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