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(영문) 대구지방법원 2012.06.27 2011고단6713
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 28, 2009, the Defendant: (a) at the office of “E”, an advertising company of the Gab World Cup in Daegu-gu Office located in C, Daegu-gu; (b) through the above D, the Defendant: (c) concluded that “The Defendant borrowed the vehicle in the name of the victim F, who is the wife of D, to purchase the vehicle at a premium rate for the SS7 high-class vehicle; (d) borrowed 19.4 million won in the name of the victim from the Hyundai Capital Co., Ltd., Ltd., and purchased the SS7 vehicle under the name of the victim; and (e) paid 6,011,714 won out of the loan, and paid 6,01,714 won out of the loan; and (e) sold the above MP7 vehicle to the victim through the above D on May 2010.” (e.g., the Defendant disposed of the MO7 car by obtaining the son’s certificate of the personal seal impression and the vehicle scrapping from the victim.

However, in fact, the Defendant invested KRW 13 million in the above "E," which operated with the above D, but did not make any profit from the business, and was thought to dispose of the above SM7 car for the purpose of recovering the above investment money, and then use it as the Defendant's customer's debt repayment, etc., so there was no idea to repay the loan in installments even if he received the documents related to the sale and purchase of the above SM7 car, such as a certificate of personal seal impression, in the victim's name,

Accordingly, the Defendant, as seen above, obtained pecuniary benefits equivalent to KRW 11,177,223 of the remaining loans by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. The prosecutor's protocol of interrogation of the accused (including the contents written in D)

1. Application of Acts and subordinate statutes to each investigation report (attached to the register of motor vehicles, such as the register of motor vehicle and detailed statement of debt settlement);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Judgment on the Defendant’s assertion of alternative imprisonment penalty

1. The claimed victim is the defendant's SM5.

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