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(영문) 인천지방법원 2014.11.26 2014고단4244

사기

Text

Defendant

A and C shall be punished by imprisonment for four months, and by imprisonment for six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B was unable to obtain a loan any more as security due to the existing debt, and it was believed that the Defendant, a workplace partner, sold his own cargo vehicle to Defendant A in order to repay the debt to Defendant C, who is his creditor, and through this, it was decided to obtain a loan from Defendant A in the name of the victim Korean Capital Co., Ltd. in order to obtain the vehicle purchase price.

Defendant

C is a heavy cargo with which the cargo of Defendant B has been arranged as a broker, and in the process, Defendant B has lent KRW 30 million to Defendant B.

Defendant

C knew that Defendant B wanted to borrow a loan in the above manner, Defendant B had been able to prepare documents necessary for the loan and submit them to the victim company with knowledge of the fact.

Therefore, at the G Office, which was located in the Jung-gu Incheon, Jung-gu, Incheon, on January 2013, the Defendants conspired to sell the cargo vehicle owned by the Defendant to the Defendant since Defendant B could not obtain a loan under his own name due to existing debts. Defendant A prepared documents necessary for the loan, such as a certificate of personal seal impression, resident registration, and copy of passbook, and transferred it to Defendant C. Defendant C was the loan agent who knew the above facts to Defendant C, and submitted it to the victim along with the documents issued by Defendant A. The Defendant C was believed to have borrowed the purchase price of the vehicle necessary for Defendant B to purchase the above vehicle.

Accordingly, the Defendants conspired to deception the victim company as above, and then that deceiving it from the victim company to the I company account of Defendant C for a vehicle purchase loan around the 18th of the same month.