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(영문) 부산지방법원 2016.01.14 2015고단6904
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 18, 201, the Defendant purchased a F-Won car from the agency of Hyundai Motor Vehicle E Co., Ltd. in front of the office located in the Busan Jin-gu, Busan to pay the F-Won loan to the Defendant after receiving a loan from the victim Hyundai Capital Co., Ltd. as collateral and making the loan. On February 15, 2011, the Defendant changed the amount of KRW 31,000 from February 15, 201 to January 15, 2014 to KRW 956,482 from February 15, 2014 to January 15, 2014.

“To submit a loan application with the content of “....”

However, the defendant did not have any particular property or income, while the defendant tried to operate Smarket from the beginning of 2011 as the relationship between 10 million won and 10 million won.

One is that there is no money to pay the purchase price of the goods to be sold or the rent of the store operating the Smarket, and even if the Defendant already purchased the loan under the name of the Defendant and then the money for installment loan of the Nevis-si in the Nevis-si, which was disposed of after one month from March 201, it is not possible to fully repay from March 201. However, there is no intention or ability to make a change normally because it was a plan to dispose immediately after the purchase of the low-est car purchased with the loan under the above several methods.

Nevertheless, on January 18, 201, the Defendant, by deceiving the victim as above, received 31,000,000 won from the victim to the bank account (G) with a new bank account in the name of the Defendant on January 18, 201 from the victim and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by each prosecutor's office;

1. Statement made by the prosecution with regard to I;

1. Statement made by the police to J;

1. A copy of the application for reduction of modern capital (highest typology);

1. Details of deposits, details of claims, and application of Acts and subordinate statutes; and

1. The reason for sentencing of Article 344(1) of the Criminal Act (amended by Act No. 3441) as to the crime (the scope of recommendations) is general fraud.

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