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(영문) 대구지방법원 상주지원 2013.03.12 2012고단545
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2011, the Defendant concluded that, at the office of the Magdong 862-13, the Defendant purchased a maternity passenger car equivalent to KRW 10,700,000 at the market price, and that, at the office of the Magdong 862-13, the Defendant would repay the principal and interest to employees in charge of the loan of the Mag Capital, Hyundai Capital Co., Ltd. who borrowed KRW 10,000,000 from vehicle purchase funds by dividing it into KRW 313,134 per month, and for 36 months.

However, at the time, the defendant did not have the intent or ability to repay the above money according to the agreement even though he received the above money from the victimized company.

The Defendant, by deceiving the employees of the victimized Company, had the victimized Company pay 10,000,000 won of the above loans to the said victimized Company at around that time, and acquired the pecuniary profits equivalent to the same amount of the passenger car purchased by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of deposits (41 pages of investigation records);

1. The copy of the real estate register and the register of automobiles (53 pages), although the principal and interest on the monthly division of the defendant in this case is relatively small, and the defendant decided to grant a loan by the damaged company, which is a financial institution, through the examination, and although it is recognized that the defendant had owned an apartment at the time, the defendant not only led to the crime of this case in the court, but also sold the defendant's debts and amount of income at the time, the vehicle purchased by the defendant in the previous installments, and again sold it again to only 2 months after the purchase of the new vehicle in this case, and the reason why the above apartment was sold, even not less than 3 months after the crime of this case, and even after paying 3 times the principal and interest on the division, the defendant did not fully repay the debt in this case.

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