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(영문) 대전지방법원 2019.11.28 2019고합242

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for four years, for two years and six months, for two years and three years and for three years, for Defendant B.

except that this shall not apply.

Reasons

Criminal facts

Defendant

A operated the F point with the trade name of “Co. E” (hereinafter “E”) in Daejeon-gu, Daejeon-gu, Daejeon-gu, and Defendant B served as a director of the said company and Defendant C as a regular manager of the said company.

Before the establishment of the imported vehicle register, the Defendants provided the victim G Co., Ltd. with the chassis number of the vehicle they purchased as security and provided the purchase price of the vehicle with the vehicle borrowed from the victim and paid the purchase price of the vehicle to H, and provided the loan with the purchase price paid after selling the vehicle to the customer.

On April 2017, the Defendants were willing to obtain the loan by presenting the chassis number of a vehicle that does not exist because the financial situation of E is difficult, and presenting it to the victim as if they were to provide the vehicle as security.

On April 6, 2017, the Defendants printed out the above chassis number and delivered it to the victim company, as if they purchased a motor vehicle whose chassis number is “I” from H in the office of Jung-gu Daejeon, Daejeon, Daejeon, and made a false statement to the employees in charge, who borrowed KRW 25,971,00 as security.

However, the Defendants did not purchase the said vehicle by falsely writing the above chassis number without existence using the computer program called 'Stop shop', after holding a computerized face with the chassis number marked by the stop motor vehicle. Accordingly, the Defendants did not provide the said vehicle as security.

As above, the Defendants conspired to induce the victim as above, and then to receive KRW 25,971,00 from the victim to the bank account under the name of E on April 6, 2017, and from that time, from August 9, 2017, “a counterfeited chassis number” as stated in attached Form 1 of the indictment No. 1 of the year among the “I”, “L”, and “M” as stated in No. 5 of the year No. 1 of the year, shall be deemed to be a clerical error.