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(영문) 부산지방법원 동부지원 2016.03.10 2015고단1970
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

Defendant

C On September 13, 2012, the Changwon District Court sentenced the suspension of execution to six months of imprisonment for fraud, which became final and conclusive on the 21st of the same month.

Defendant

A and C conducted dump trucks as if they were to purchase them, received loans from the two dump capitals Co., Ltd., and conspired in order to make investments in B's apartment construction business without purchasing dump trucks with the loans, and to have the profits divided.

Accordingly, Defendant A, according to Defendant C’s instructions, purchased one dump truck from a loan broker (ju) located in the Seo-gu, Busan, Busan, on April 2012, in the office of L&D, the market price of which is 150 million won or more, by preparing an application for a loan with the debtor and the buyer of the truck as Defendant A and having the victim submit it to the victim, and would like to offer it as security for the loan. Defendant A received KRW 150 million from the injured party as a loan for the purchase of dump truck.

However, Defendant A and C had no intent to purchase dump trucks even if they were given loans from the injured party as above, and they had no particular property or income, so even if they were given loans, they did not have the intent and ability to repay them normally.

As a result, Defendant A and C conspiredd to deception the victim as above and were given KRW 150 million from the victim.

Summary of Evidence

1. The respective legal statements of the defendant A and C

1. Each legal statement of the witness J and K;

1. A complaint (including attached data);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report of investigation (report attached to the same criminal record and judgment of the suspect C) by statutes;

1. Relevant legal provisions and the choice of criminal defendant A and C: Articles 347 (1) and 30 of the Criminal Act (elective of imprisonment);

1. Defendant C: Criminal Act.

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