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(영문) 대전지방법원 천안지원 2017.10.19 2017고단1851
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C, even though there was no plan to purchase the cargo vehicle, was gathered as if they were to purchase it, to use it as a collateral loan.

Accordingly, the defendant introduced the victim-victim AC entrusted with loan mediation and vicarious execution by the NAF AF Co., Ltd. (hereinafter referred to as the "victim AFC") to C.

On October 11, 2016, C shall make a mortgage on the above cargo and pay the principal and interest amount of KRW 2.5 million per month for 60 months with the terms of equal payment for the loan of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

“The purpose of “ was to make a false statement, and to prepare and associate with an application for debate with the above contents.”

The defendant asked F of whether the above purchase of the vehicle was true by telephone, and " actually purchased the vehicle, and the registration of the number plate for business use is completed within 15 days.

“False speech was made to the effect that it was “.”

However, in fact, the defendant and C did not have a plan to purchase the above cargo, and there was no intention or ability to repay the loan.

Nevertheless, in collusion with the Defendant and C, by deceiving the victim company as above, received KRW 9,650,00 from the victim company to the NA account in the name of C around October 11, 2016, and received KRW 315,000 in total under the same name as the above account on the 12th of the same month, and acquired KRW 9,965,000 in total under the same name.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. The self-examination protocol (C);

1. Statement protocol (F);

1. A complaint and an application for debate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the criminal facts (generally, selection of imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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