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(영문) 서울남부지방법원 2016.10.21 2016고단3074
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant entered into a contract with D branch located in Yongsan-gu Seoul Metropolitan Government to purchase FK5 automobiles in KRW 22,198,00,00 from E, an employee of the Defendant, with the intent to lend KRW 21,50,000 to KRW 410,670 each month from May 20, 2015 to the effect that the Defendant would repay the loan every 60 times from May 20, 2015, and submitted it to the employee in charge of the loan of the victim Busan-do Capital Corporation through E, etc.

However, the Defendant did not have any intent or ability to repay the loans and the bonds to the victims of U.S. Capital Co., Ltd. as long as the Defendant, immediately after purchasing the vehicle, transferred the vehicle as collateral and lent the bonds of Goi, but did not actually intend to operate the vehicle, and did not follow the money by gambling.

Accordingly, the Defendant, by deceiving the loan staff of the above E and the victim capital company, was delivered KRW 21,50,000 as a loan from the victim capital company.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. A petition filed by a stock company for the preparation of Capital Capital;

1. Investigation report (report accompanied by data submitted by a credit service provider H), loan certificate, certificate of vehicle transfer (security), certificate of vehicle abandonment, vehicle operation and written consent for use;

1. Investigation report (to hear additional statements, etc. from the complainant's representative);

1. Loan-related documents (a copy of an application for a new debate, a copy of an agreement on the new debate, terms and conditions of an erroneous debate, certificate of employment, etc.);

1. A copy of registration certificate;

1. A copy of a written estimate for vehicles;

1. Details of the scheduled redemption before maturity and loan inquiry;

1. A copy of the protocol of non-delivery of motor vehicle (the defendant is financed by the injured party Dog Capital Co., Ltd. for the purpose of operation and K5 motor vehicles (hereinafter referred to as the "motor vehicles in this case").

The purchase has been made, but it shall not be paid in installments, and shall not be denied the intention of the frauder.

However, this Court.

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