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(영문) 춘천지방법원 속초지원 2013.08.28 2013고단152
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

On June 17, 201, the Defendant: (a) purchased a motor vehicle under the name of C with a person who works for a used motor vehicle selling company, and offered for financing by means of disposal to another person; (b) on June 17, 201, the Defendant: (c) applied for a loan of vehicle installment financing as KRW 24.8 million; (d) for a loan of 36 months in installments; and (e) for a loan of vehicle installment financing as the applicant C, as if C actually purchased and owned a F rocketing and other motor vehicle at the point of D’s Hyundai Capital Co., Ltd. (hereinafter “victim Co., Ltd”); and (c) on June 17, 2011, as the Plaintiff would actually purchase and hold it as a part of Fwork and other motor vehicle.

However, in fact C did not intend to purchase and hold the said rocketing car, and around May 6, 201, upon receiving the automobile installment financing loan of KRW 34,50,000 from the victim company, it was assumed that the victim company was liable for installments of KRW 1050,000 per month. In addition, even if the victim company received the automobile installment financing loan, C did not have the intent or ability to pay the installments normally.

Ultimately, the Defendant conspired with the above C to induce the victim company, and caused the victim company to pay the purchase price of the said rocketing car to the automobile selling company, thereby acquiring the above loan amounting to KRW 24.8 million.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution C;

1. Copy of the prosecutor's statement against the defendant;

1. A copy of an investigation report (report on hearing of oral statements through telephone conversations between a complainant and his/her agent);

1. Copy of the complaint;

1. Application of Acts and subordinate statutes to a copy of motor vehicle transfer certificate, a copy of voluntary statement, and a copy of financial transaction statement in the name of A;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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