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(영문) 대구지방법원 김천지원 2019.02.14 2018고단1338
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 2017, the Defendant introduced B and C, etc., which make it difficult to borrow money in a normal way, and pretended to purchase the cargo vehicle in the name of the Defendant around that time. The Defendant conspiredd with B and C to make it difficult to operate the vehicle as an accident vehicle and to make the relevant documents as if he/she was engaged in the agricultural product distribution business by using the same as it was a normal vehicle, even though it is a cargo vehicle with an unknown location, and to use it as if it was engaged in the agricultural product distribution business, and to acquire the loan by deceiving the installment financial company by means

Accordingly, around August 30, 2017, B had Dmert 4.5 tons of truck with an accident vehicle registered in the name of F operated by E, the location of which is unknown. According to the above public offering, Defendant B, B, and C, as of September 14, 2017, as of September 14, 2017, “H located in Daegu-gu, Seogu, Daegu-gu,” and “I, an employee of the financial company specialized in used cars, submitted relevant documents as if the Defendant purchased the above 4.5 tons truck to the victim J Co., Ltd., and was remitted from the victim Co., Ltd. to the Defendant’s K account on September 15, 2017.

Accordingly, in collusion with B and C, the Defendant acquired 43 million won from the victim J Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C;

1. Each prosecutor's office and police statement of L, I, E, and M;

1. A loan agreement, a loan, a financial instrument application, a loan agreement, a motor vehicle register, a claim for lease fees, a statement of notification of termination of the contract, a statement of claim amount calculation, a statement of decision on commencement of auction, a vehicle delivery impossible statement, a business registration certificate, a copy of each business registration certificate, a investigation report (as to the attachment of account transaction details), a report on investigation (verification of change of the nominal owner of the freight vehicle), a request for delivery of the motor vehicle register, delivery of investigative cooperation data

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