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(영문) 의정부지방법원 고양지원 2015.10.02 2014고단876

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is a person who acts as a broker for a motor vehicle security installment loan in the “(State) D” located in the “CAF” located in Seocho-gu Seoul Metropolitan City.

In the past, between E and E, the Defendant was willing to obtain a vehicle installment loan under the name of E without the intention of holding the vehicle in fact, and there was an invitation to make a “motor vehicle tin” as a prompt term “motor vehicle tin” to lend funds only by acquiring the said loan by taking over and disposing of the vehicle.

Around July 5, 2012, the Defendant, along with E, applied for a second-hand loan to the victim Aju Capital Co., Ltd. with E as the debtor at the above D office located in Gyeyang-gu, Gyeyang-gu, Yangyang-gu. Around July 5, 2012, the Defendant agreed to equally repay the principal and interest of approximately KRW 1.2 million each month at a annual interest rate of 25.9% for 36 months with loans of KRW 30 million from the 2006 GW730i used cars.

However, the Defendant and E were merely intended to lend funds by borrowing a loan on the condition of 'motor vehicle' as above, and there was no intention or ability for E to own the said BMF vehicle or to repay the principal and interest of the loan.

Accordingly, the defendant, in collusion with E, obtained 30 million won as a vehicle installment loan from the victim company, and acquired it by fraud.

Summary of Evidence

1. Examination protocol of the accused prepared by the prosecutor (including the E-statement part);

1. Copy of the protocol of examination of suspect E prepared by the public prosecutor;

1. The register of automobiles, the written application for payment in error, the written answer demanding confirmation of parking, and a copy of the judgment; and

1. Application of Acts and subordinate statutes to an investigation report (report on non-verification of vehicles);

1. Sentencing Criteria for sentencing under Article 347(1) of the Criminal Act and Articles 347(1) and 30 of the Criminal Act for criminal facts: Fraud, general fraud, type 1 (less than KRW 100 million), basic area, imprisonment with labor for six months to six months, and June, the defendant has been punished several times by the suspension of the execution of imprisonment with labor for property crimes, and a fine.