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(영문) 수원지방법원 2016.10.21 2016고단4674
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 1, 2015, the Defendant was sentenced to imprisonment with prison labor and two years for fraud, etc. in the Suwon District Court's Ansan branch on November 11, 2015, and the sentence became final and conclusive on December 3, 2015.

The Defendant, who is engaged in a medium-sized commercial business, was aware of the fact that he did not sell the D E-cubs car acquired in the name of C to E-UF but sold it without selling it to E-UF, and was asked for the F, the representative director of E-U.S., to obtain a medium-sized installment loan in the name of E-U.S., and received the consent from F, by demanding the F, who is the representative director of the E-U.S., to obtain a medium-sized installment loan in the name of the said corporation

Accordingly, on October 16, 2014, F applied for a mid-term installment financing loan to G, who is an employee of the victim BMbspphphphphs Korea Co., Ltd. at the used vehicle trading complex office located in Ansan-si, Nowon-gu, Seoul Metropolitan Government, for the above EFF as if EF purchased the above EF motor vehicle from C.

As above, the Defendant, by deceiving the employees of the victim through F, received KRW 40,000,00 from the victim to the account in the name of DFS designated by the Defendant, under the pretext of loans for heavy installment financing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in the suspect examination protocol of the accused by the prosecution;

1. Statement of F in a police suspect interrogation protocol;

1. Statement made by the police officer in relation to H;

1. Each description of a request for a debate/agreement, and of a motor vehicle registration certificate;

1. Previous records of judgment: Application of inquiries, such as criminal records, etc. and other Acts and subordinate statutes recorded in the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.

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