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(영문) 대구지방법원 김천지원 2016.05.26 2015고단1435
사기
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court on January 7, 2016, and the judgment became final and conclusive on January 12, 2016. On January 18, 2016, the suspended sentence was sentenced to one year of imprisonment with prison labor for aiding and abetting fraud at the Suwon District Court on January 26, 2016, and the judgment became final and conclusive on January 26, 2016. On July 16, 2015, the Seoul Western District Court sentenced two years of suspended sentence to ten months of imprisonment with prison labor for a violation of the Act on the Law of Defense at the Seo-gu Seoul Western District Court on April 15, 2016.

Defendant

D On April 3, 2015, the date on which the Seoul Central District Court sentenced one year and two months to be sentenced to a violation of the Commercial Act ( April 11, 2015), and the written indictment (hereinafter referred to as the "written indictment") was finally determined.

Defendant

A and C are women relations.

The Defendants purchased a vehicle with a loan from the vehicle purchase fund, and requested Defendant B, who is the vegetableer, to raise the money by an “vehicle tin” method to immediately dispose of it, and Defendant B again requested Defendant D, who is the vegetableer for the loan, to purchase the vehicle purchase fund from the victim F Co., Ltd. in the name of Defendant C, and to raise the money by immediately disposing of it.

On September 5, 201, the Defendants agreed to pay 52.8 million won in installments for 36 months and not to dispose of the vehicle by the time of the full payment of the loan, when concluding a loan agreement with the victim’s employees on the illegal mobile phone store located in the Busan Sin-dong, Busan.

However, in fact, the Defendants only thought that they would dispose of the vehicle immediately after the purchase of the vehicle to lend money, and there was no intention or ability to repay the loan.

As above, the Defendants deceptioned the victim company and received KRW 52,800,000 from the victim company for the same day.

As a result, the Defendants conspired to deception the victim company and acquired the property by receiving the property.

Summary of Evidence

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