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(영문) 대구지방법원 포항지원 2018.09.13 2018고단701
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal record] On July 15, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Gangnam Branch Branch of the Chuncheon District Court, and the judgment became final and conclusive on January 20, 2016.

[Criminal facts] The Defendant was a person who actually operated the “D gas station” in Leecheon-si from July 10, 201 to Leecheon-si, and E was the representative of the above gas station, and the F was a person who operated the automobile sales business in the G car sales complex in Seoul.

The Defendant, which operated with E, has become difficult to raise funds due to the decline in credit rating, due to the financial deterioration due to the operation of the above gas station, and the decline in credit rating.

The F intent was to obtain a loan for installment payments, and to prepare cash by selling a motor vehicle purchased after three to four months, and distribute the profit.

On February 21, 2013, the Defendant, in collusion with E and F, prepared an application for a loan of the Hyundai Capital Loan on the condition of “60,000,000 won, 36 months of the loan period, 2,398,302 won,” and requested for a loan of the vehicle purchase fund at the office of Changdongcom Co., Ltd., which is the partnership of the 11th gallon Co., Ltd., Ltd., the victims Hyundai Capital Co., Ltd. located in Seocho-gu Seoul, Seoul, Seoul, Seoul, Seoul, Seoul, for a loan of the vehicle purchase fund.

However, the above gas station operated by the defendant, E, and F had been operated because the credit amount was not discounted, and all the sales amount was paid out of the oil price, so there was almost no net profit, and there was no intention or ability to repay installments due to a very poor financial situation, such as employee's failure to pay wages on a timely basis. The defendant, E, and F did not intend to pay installments after the cashing of the motor vehicle purchased as above.

The defendant, E, and F shall be from damage.

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