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(영문) 인천지방법원 2014.10.08 2014노2153 (1)
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 30 shall be confiscated.

(e).

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not take part in the purchase of a tank glass on October 25, 2012 by obtaining an installment loan from the 2010 Capital Co., Ltd.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. misunderstanding of facts;

A. Of the facts charged in the instant case, the summary of the charge of fraud on October 25, 2012 is as follows: (a) the Defendant conspired to use another person immediately after purchasing the E and the vehicle to have the disposal amount; and (b) on October 25, 2013, the Defendant acquired the loan from the victim, even if he/she purchased the loan from the victim, he/she did not have the intent or ability to pay the installment normally; and (c) upon purchasing the V tank glass, he/she applied for the loan as if he/she actually purchased it to the staff in charge of the 20th Capital Co., Ltd. and operated it and paid the installment normally; and (d) the Defendant deceiving the staff in charge by deceiving him/her under the pretext of loans necessary for the purchase of the vehicle from the victim.

B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court and the lower court, such as the legal statement of the witness E of the facts admitted.

1. At the request of the credit bad person E, the Defendant introduced F to E the North Korean defectors who will lend the name of the business owner of the Z owner station in operation of E.

② On September 18, 2012, E registered the F as the Z owner’s business entity, and operated the gas station’s business, E received the credit card sales price of the gas station with the F name account.

(3) E receives a document in the name of business operator F necessary for purchasing and lending the tank lorries through the Defendant, purchasing a V tank lorries in the name of F on October 25, 2012, with a loan of KRW 42 million from the 200,000,000,000,000,000 won as collateral, to pay the principal and interest of the tank from the 20,000 won.

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