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(영문) 서울북부지방법원 2017.06.28 2017고단975
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

C (Separate Transfer) On September 2013, 2013, Haman requested the Defendant to get a loan from E office operated by himself in Yangcheon-gu Seoul, Yangcheon-gu, Seoul to get a loan from the Defendant, and if a petition for bankruptcy is filed after receiving a loan of installment financing by falsity, the Defendant did not pay a loan. The Defendant consented to C’s proposal.

C around September 30, 2013, around September 30, 2013, the Defendant sent documents necessary for the loan to the Defendant, as well as F, a subordinate employee of C, to the trading company of the non-high speed commercial name in the Bupyeong-gu Seoul Special Metropolitan City. The Defendant purchased BMW528i vehicle in its name in the said trading company, and the Defendant agreed to obtain a loan of KRW 43,000,000 from the victim effective capital Co., Ltd., the installment financing company as a financing company from September 30, 2013 to August 31, 2016.

However, the defendant and C only intended to dispose of the vehicle immediately after purchasing the vehicle by borrowing money in the form of an installment financing loan from the beginning, and did not have the intention or ability to repay the installment to the damaged company.

Defendant

And C conspired, as seen above, deceiving the damaged company, and it shall receive 43,000,000 won from the victimized company on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the examination of suspects of the accused and C by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not good, but the defendant is against the defendant, the defendant has no record of punishment for the same kind of crime, and the defendant alone does not seem to have committed the crime of this case and has no profit accrued therefrom.

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