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(영문) 수원지방법원 2013.11.06 2013고단2408

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this judgment shall be rendered against Defendant A.

Reasons

Punishment of the crime

The Defendants purchased a vehicle from the victim D by borrowing the name of the vehicle, offered it as a security, and offered a loan in the name of the victim.

1. On February 29, 2012, the Defendants made a false statement that “the Defendant shall purchase the vehicle. If the Defendants borrowed the name of the vehicle, they would make an installment payment from time to time.”

However, in fact, the Defendants thought that the vehicle would be purchased in the name of the victim, and at the time, Defendant B had the obligation to pay KRW 90 million, and Defendant A had the obligation to pay KRW 10 million, so even if the vehicle was purchased, there was no intention or ability to pay the installment.

As such, the Defendants: (a) by deceiving the victim; (b) purchased vehicles equivalent to KRW 17.8 million in the name of the victim; and (c) had the victim make installment payments, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On March 5, 2012, the Defendants: (a) indicated the name “D” in the delegating column using the official approval color pen in the letter of delegation; (b) indicated “D” in the name column, resident registration number column, and “D” in the letter of waiver of a vehicle; and (c) under the same method, one copy of the vehicle operation angle, bond transfer and takeover contract, the letter of transfer of a bond, the letter of transfer of a bond security, the letter of transfer of a vehicle towing and provision of a vehicle was prepared in the name of “D”; and (d) written in the name column, “D” and “D” in the letter of waiver of a vehicle.

As a result, the Defendants forged one copy of each letter of delegation, vehicle waiver, vehicle operation angle, bond transfer and takeover contract, bond transfer and security guarantee, vehicle security towing and provision consent in the name of D, private document on rights and obligations for the purpose of exercising, and forged it at the same time and at the same place.