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(영문) 인천지방법원 부천지원 2018.08.10 2018고단1668
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special confinement, etc. in the Incheon District Court Branch Branch, and on December 24, 2016, the enforcement of the sentence was terminated at the Incheon Detention House. On August 17, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. in the same court, and the judgment became final and conclusive on January 18, 2018.

The Defendant, under the name of another person, is willing to receive a loan from a capital company and purchase a vehicle with the loan, and then make a "motor vehicle tin" as a prompt name to lend funds by selling it immediately. On March 2017, the Defendant reported the Internet B page around the Internet, and purchased a motor vehicle in the name of C to the Defendant and then raise funds by selling it.

And C consented thereto.

On April 11, 2017, the Defendant and C purchased a Fgrod vehicle in the name of C in the “E” used vehicle sales store located in Seocheon-gu, Seocheon-gu, Seoul around April 11, 201, and C applied for a loan of KRW 15 million to the victim G Co., Ltd. as a loan for automobile financing, as it actually operates the said vehicle.

However, the defendant and C were merely intended to lend funds in the form of installment financing loan, and there was no intention to hold the said vehicle, and there was no intention or ability to repay the said loan.

Nevertheless, in collusion with the defendant, the defendant and C received 15 million won on the same day from the victim by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. A certificate of transfer of a motor vehicle, a secondary or misleading contract, and a register of motor vehicle registration;

1. Investigation report (to have a witness H telephone conversations), investigation report (to attach a copy of victim G statement), and records related to the case No. 13849 of the 2018 affiliated branch office;

1. A previous conviction: A criminal history inquiry, investigation report (the confirmation of a concurrent offense after Article 37 of the Criminal Act), judgment, investigation report (the confirmation of a repeated offense).

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