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(영문) 광주지방법원 2016.05.26 2016고단731

사기등

Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, for eight months, and for five months, for Defendant C, respectively.

Reasons

Punishment of the crime

[Defendant C] On August 27, 2013, he/she was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Gwangju District Court for fraud, etc.

9.4. The above judgment was finalized.

【Defendant B, who does not have the intent or ability to repay the loan, the Defendants conspired to borrow a loan from a financial institution through a prompt term work loan (such as borrowing a loan by means of a credit loan which does not pay interest or making a false lease contract, etc., or acquiring a vehicle by using an automobile installment loan and then acquiring a loan from a financial institution immediately after the purchase of the vehicle and the realization of the loan, etc.) in the name of Defendant B who does not have the intent or ability to repay the loan.

1. Defendant A

A. The Defendant purchased a vehicle under B’s name through the incidental transport of the vehicle into the name of B, and offered to sell the vehicle directly with the loan, and B consented to the disposal of the said vehicle by the Defendant.

1) On October 15, 2012, the Defendant, along with B, purchased an I-Sized vehicle from the H High Track trading company located in Seo-gu Daejeon, Seo-gu, Daejeon at around October 15, 2012, and showed a view that the Defendant would normally operate the purchased automobile and would normally repay the installment payments, with the payment of the principal amounting to KRW 21,20,000,000, the installment period of 36 months, the agreed interest rate of 26.9%, and the agreed interest rate of KRW 864,358.

However, even if the defendant received a loan from the victim company, he did not have the intent or ability to repay the loan, and he did not have the means of financing a vehicle to receive a loan.

The Defendant and B received 21,200,000 won as loans from the victim company, i.e., the victim company.

Accordingly, the defendant, in collusion with B, acquired 21,200,000 won from the modern capital of the victim.

2) The Defendant conspired with B on December 2012.