beta
(영문) 수원지방법원 여주지원 2017.04.21 2017고단194

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On November 18, 2016, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the above judgment became final and conclusive on January 20, 2017.

[Criminal facts] Whether the Defendant, at around April 2012, can obtain a loan from friendly B at a place where she was not aware of the method to obtain a loan from friendly B

The phrase "to invest part of the loans on the face of the State," and the introduction of C from the above B was made.

Accordingly, the defendant and C concluded a contract for the purchase of the vehicle with the loan borrowed in the name of C, and the vehicle was immediately offered as collateral to the bond company when acquiring the vehicle, and the loan was provided as collateral to the bond company, and the loan was offered in installments.

On April 24, 2012, the Defendant: (a) opened up documents, etc. necessary for the purchase of vehicles delivered by D, one of the victims (hereinafter “victim Company”) to D, an employee of D, and had D purchase the EG car under the name of C; (b) obtained a loan of KRW 18 million from the victim company by means of interest rate of 24.2% per annum; (c) the loan period of KRW 36 months; (d) the principal and interest repayment method; and (e) on May 4, 2012, the Defendant set up a collateral security right of KRW 5.4 million for the said vehicle to the victim company on May 4, 2012.

However, in fact, the defendant and C purchased the vehicle from the beginning with the vehicle and immediately provided it as security to the bond company, and they did not intend to maintain and preserve the collateral for securing the claim of the victim company, and they did not have the intention or ability to repay the above loan.

Ultimately, the Defendant and C conspired with the victim company as above, and were given KRW 18 million from the victim company as a loan to purchase vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Used cars; and