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(영문) 서울중앙지방법원 2013.09.27 2013고단1193
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendants purchased a vehicle in the name of Defendant B in the name of Defendant B, and conspired to sell it in the middle and high lanes, and to divide the price.

Accordingly, on May 25, 201, the Defendants concluded a sales contract to purchase K7 cars in the name of Defendant B in the name of Defendant B in front of Samsung Electronic Building in Seocho-gu Seoul, Seocho-gu, Seoul. On May 25, 201, the Defendants entered into a sales contract to sell the said cars for KRW 31,50,000, and applied for a loan of KRW 33,400,000 as the fund for the purchase of the said automobiles to the cl,50,000 at the cl,50,000 at the cl,50,000 in the name of Defendant B.

However, in fact, the Defendants thought that the above car was purchased and sold in the middle and the proceeds were divided, so even if they were given a loan from the victim as a fund for purchasing the car, they did not have the intent or ability to pay the principal and interest.

As such, the Defendants conspired to deception the victim and then acquired 33,400,000 won as a loan from the victim on May 26, 201, by deceiving the victim.

Summary of Evidence

1. The legal statement of the defendant A (as of the third trial date) and part of the legal statement of the defendant B;

1. Each legal statement of a witness A, I and J (Provided, That the witness A is limited to the defendant B) by law;

1. Defendants of relevant criminal facts: Articles 347 (1) and 30 of the Criminal Act;

1. Defendant A: Judgment on the assertion of Defendant B and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument is as follows: Defendant B lent the name of Defendant A in order to purchase a part of the vehicle at the request of Defendant B, and only received eight million won in return, and the incidental amount was believed to be paid by Defendant A, and Defendant A committed the crime of this case between Defendant A and Defendant A.

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