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(영문) 부산지방법원 2014.02.19 2013고단3519
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

On August 17, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on August 17, 2012 and the said judgment became final and conclusive on August 25, 2012.

Around February 2011, the Defendant, along with C, borrowed a new car purchase fund from the victim Hyundai Capital Co., Ltd. and purchased a vehicle, despite being aware that D had no intent or ability to repay the loan. However, the Defendant purchased a new car purchase fund from the victim company in the name of D and sold the vehicle immediately after purchasing the vehicle and sold the vehicle in installments.

On March 5, 2011, the Defendant introduced DD to the head of the G team, who is the sales employee of the Plaintiff F agency of the Plaintiff F agency in Busan, Busan, and around that time, the Defendant and D purchased the said vehicle to the said G by means of an installment loan, and D, upon purchasing the said vehicle through the installment loan, would have faithfully paid the price. D, around March 5, 201, at D’s house located in Young-gu, Busan, Young-gu, Busan, 403 Dong-gu, 808, applied for an installment loan of the victim company as security, and submitted it to the said G.

Accordingly, in collusion with C and D, the Defendant had the victim company pay KRW 28,100,000 from the victim company through G of the said car employee G, thereby having the victim company receive KRW 28,100,00 from the said car company and acquiring the property interest equivalent to the same amount as the said car did not pay the installment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Statement made to D by the police;

1. A copy of a passbook, motor vehicle register, certificate of personal seal impression, motor vehicle registration, certificate of automobile transfer, specification of transactions, customer basic information, details of transactions by account and account;

1. Previous convictions in its ruling: Investigative inquiries into criminal and investigation records, investigation reports (in addition to judgments, etc. against suspects C and reference witnesses A), and

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