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(영문) 서울동부지방법원 2012.10.26 2012고합272

사기등

Text

Defendant

A Imprisonment with prison labor for three years, for one year and six months, and for six months, for Defendant K, respectively.

except that this judgment.

Reasons

Punishment of the crime

- - The 2012 Highest 272, 2012 Highest 304 Case - Defendant A andJ decided to apply for a loan to part of the Defendant’s crime under the name of Defendant A in the name of one’s wife to arrange for a vehicle to buy or purchase the vehicle under the name of multiple and unspecified persons, using the fact that the purchase of a high-class used vehicle would allow a financial institution to lend more amount than the purchase price for a used vehicle, and that it would be allowed to obtain more money than the difference in the purchase price for a used vehicle, and that it would be allowed to sell or purchase the vehicle again under the name of many and unspecified persons; Defendant A would arrange for a vehicle to buy or buy the vehicle under the name of the supplier; Defendant K would act as a broker for a part of the Defendant’s crime; Defendant K would apply for a loan under the name of one’s P. In all or part of the Defendant’s crime.

1. Defendant A

A. Around November 1, 2011, Defendant A, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), made the name provider of the Plaintiff, who wants to purchase a vehicle in the name of the Plaintiff, prepare relevant documents, such as an application for a loan in the name of the Plaintiff, as if he/she actually purchased and held the vehicle in the name of the Plaintiff, and submitted the documents related to the loan written as above to the Defendant, the Plaintiff, which entered into an agency contract with the Plaintiff Hyundai Capital Co., Ltd., Ltd., which entered into the agency contract with the Plaintiff, stating that “The loan amounting to KRW 45 million necessary to purchase

However, in fact, R did not intend to purchase the above passenger car and operate it actually or have no intention to hold it. Defendant A thought that it would dispose of the above passenger car and prepare cash, and thus is not subject to installment financing. Defendant A or R intended to fully repay the loan even if it received a loan from the victim's Hyundai Capital.