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(영문) 부산지방법원 2013.12.27 2013고단5603
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Labor Standards Act, etc. at the Busan District Court, and the same year.

4. 5. A person for whom the judgment became final and conclusive is the substantial representative director of C Co., Ltd.

On April 13, 2011, the Defendant stated that “A victim E, the representative director of the corporation, must purchase the corporate name vehicle in the name of C in the name of C in the office of C corporation located in Busan Jin-gu Dtel 602, Busan, and therefore a certificate and seal of the personal seal impression are necessary. The installment payment is paid by the company and it does not cause damage to the width.”

However, even if C corporation has become a guarantor for loans to purchase vehicles due to the absence of employees' benefits, etc., C corporation did not have the intent or ability to pay the above amount properly or the defendant did not have the intent to pay the above amount.

As above, the Defendant, by deceiving the victim as above, received documents related to the receipt of installment payments from one Capital to the victim while purchasing the Car of One Capital, and caused the victim to be a guarantor for borrowing KRW 34.8 million from one Capital, thereby taking economic benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including E statements);

1. Each police statement made to F, G, and H;

1. A written statement of I;

1. Police seizure records;

1. Terms and conditions of domestic sub-loans, certificates of personal seal impression, account transaction statement, details of provisional payments;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. The punishment of the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code is serious to the victim for the instant crime.

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