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(영문) 부산지방법원 2014.05.15 2014고단6
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a partner of corporation D (former Co., Ltd. E) who is actually operated by C as a representative director.

The Defendant, in collusion with C, received a loan from the lending company as a bus purchase name, and was willing to use the loan for the pre-existing bus purchase price and the employee's salary of D Co., Ltd. However, due to lack of credit in the name of representative director of the above C, F was unable to obtain a loan under the name of D, and 3 million won per month and registered as the representative director in the name of D, and 15 million won and borrowed the name of the joint and several sureties of the above loan.

On January 2012, the Defendant, along with C and F, made a false statement to the representative of the I company of the I company, a loan brokerage company, at the office D office located in Geumcheon-gu, Busan, the end of January, 2012, stating that “G will purchase two buses for K (2008 Litius 2007) and L (Nituse Bus 2007), purchase buses with loans, and establish a security on the bus after purchasing buses with loans.” At the M office located in the Si office located in Seocho-gu, Seocho-gu, Seoul, the Defendant prepared a joint guarantor column of the loan documents with the above contents, and at the public service office located in Dongdaemun-gu, Dongdaemun-gu, Seoul, the Defendant prepared a column for the applicant for the loan documents at the public service office of Dongdaemun-gu, Seoul, and had J submit the above loan documents to the victim Hyundai Social Co., Ltd.

However, the defendant did not want to purchase a bus listed in the loan document with a loan from the victim, but intended to use a bus purchase price and a monthly salary of D employees, etc., and even if he/she received a loan from the victim, he/she did not have any intention or ability to purchase a bus 2.

The Defendant, in collusion with C, F, and G, by deceiving the victim as above, received KRW 135 million from the victim to the Agricultural Cooperative Account in the name of State D on February 6, 2012, for the purpose of two purchase price for buses.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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