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(영문) 부산지방법원 2013.12.04 2012고단10654
사기
Text

Defendant

A shall be punished by a fine of 2,00,000 won, by imprisonment of 8 months, and by imprisonment of 10 months, respectively.

Reasons

Punishment of the crime

Defendant

B is the representative director of H, Defendant C is a person who is the auditor of the above H, and the actual above H is operated by Defendant C.

Defendant

B. B, C received a loan from a lending company as a bus purchase name, and was willing to pay the existing bus purchase price and H’s employee pay with the loan, and Defendant A conspired to lend his name to the lending company for the above loan.

Defendant

C and B make a false statement that, around January 2012, 201, at the H office located in Geum-gu, Busan at the end of the end of time, Defendant B would purchase two buses with L (L (L-Wuritur 2008 Form) and M (Nuritur bus 2007 Form) and would purchase buses with loans, and would create a security on the bus after purchasing buses with the loans. Defendant B would prepare a joint and several surety column for the loan documents with the above contents at the N office located in Seocho-gu, Seocho-gu, Seoul, and at the public service center of Dongdaemun-gu, Seoul, the public service office of Dongdaemun-gu, prepared a column for the applicant for the loan documents in the above loan documents, and had Justice submit the above loan documents to the victim Hyundai social corporation.

However, the Defendants did not intend to purchase a bus as stated in the loan document with a loan from the victim, but intended to use it as a sealed bus purchase price and a monthly order of H's staff member, and even if they received a loan from the victim, there was no intention or ability to purchase a bus 2.

The Defendants received 135,00,000 won from the victim as the purchase price for the bus 2 bus from the No. Ha on February 6, 2012.

As a result, the Defendants conspired to deception the victim and received the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of the witness P in court;

1. Each prosecutor's office protocol against the Defendants (including P and K's statement)

1. Statement of the prosecution concerning P;

1. Q and K.

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