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(영문) 수원지방법원 안양지원 2016.02.04 2015고단1932
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 2015, the Defendant heard that “A vehicle purchase contract shall be concluded under the name of the Defendant, and a vehicle shall not be repaid if the vehicle is transferred to a siren company, etc.” from the person in the name of the hybrid, who was in the name of the first police officer. When purchasing a vehicle under the name of the Defendant, the Defendant conspired to sell a vehicle to a siren company, etc. and to have the purchase fund divided into the name in the name in the name in the name in the name in the name in question.

Accordingly, on March 10, 2019, the Defendant purchased No. 58 as the Seo-gu in Incheon, Seo-gu World Office (State No. 158), and entered into an agreement on a loan of vehicle purchase funds provided under the condition that 29,900,000 won, which is a part of the funds to purchase the said vehicles, will be changed by KRW 876,751 each month from the employees belonging to the victim Hyundai Capital Co., Ltd. and the damaged company, for 48 months until March 25, 2019. However, the Defendant purchased the vehicle from the beginning as above and sold it directly to the rental company, etc., and was planned to have the funds divided into the name and defective, and there was no intent or ability to repay the loan obligations.

After all, the defendant deceivings the person in charge of the victimized company as above and caused the victimized company to deposit KRW 29.9 million as the vehicle price in MD global.

Accordingly, the defendant, in collusion with a name-free person, induced a person in charge of the victimized company and acquired a property profit equivalent to KRW 29.9 million from the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A complaint;

1. Application of Acts and subordinate statutes on loan application;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62(1) of the Criminal Act on the suspended execution (the defendant is not subject to criminal punishment, and the defendant commits the crime in this case from the police.

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