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(영문) 부산지방법원 동부지원 2015.03.25 2014고단2320
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

The defendant, on July 16, 2010, escaped from North Korea on July 16, 201, is a North Korean citizen who has no certain occupation.

On August 9, 2013, the Defendant: (a) provided a loan of KRW 113,750,000 per month interest for a year on August 5, 2014 with a loan of KRW 35,000,000 per week by purchasing rocketing vehicles in the first floor of the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City; and (b) provided a false loan to the victim Hyundai Capital Co., Ltd.’s employees through the said agency sales company to submit the loan to said employees.

However, the Defendant did not actually require a vehicle from the beginning, but tried to divide the instant vehicle into E and the proceeds from the sale of the vehicle by the 'motor vehicle-to-be' method of the vehicle-to-be sold by the 'motor vehicle-to-be', so even if the Defendant received a loan from the victim, he/she did not have any intention or ability to repay

Nevertheless, the Defendant conspired with E to induce the victim company, and caused the victim company to pay 35,000,000 won for the purchase of the vehicle, thereby acquiring pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. A defendant's partial statement in court;

1. Application of the police protocol of statement to F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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