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(영문) 서울북부지방법원 2016.09.23 2016고단1767

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.

Reasons

Punishment of the crime

Defendant

A is a secondhand car sales, and Defendant B was working as a sales member who sells benz automobiles in D.

1. The Defendants’ joint crime committed in collusion with E, F, G, and H lent the name necessary for leasing the bentts car respectively, and E, as if the payment of benefits was made by making a certificate of company employment of G and H, made the details of the deposit money in the passbook in the name of G and H, thereby raising the credit rating, and Defendant B, who is Defendant A and B, with the driver of the mid- and mid-to long-term sales merchant, leased the said car in the name of the said G and H, and intended to provide money by selling the said leased vehicle without permission by referring to the “large-to-large vehicle”.

A. From the end of February 2013, the Defendants: (a) received documents related to the vehicle lease under the name of G, which fabricated credit rating from E; and (b) around February 28, 2013, at the D office working for Defendant B, in Dongdaemun-gu Seoul, Defendant B, the victim Co., Ltd., Ltd., and (c) leased one CDI car in the name of G with JWE 220,000 won equivalent to KRW 62,20,000, and paid the monthly rent for three years.

However, Defendants, E, etc. did not actually mean that they should use the said car under the name of G and pay the rent. However, the said car was delivered under the name of lease, and there was no intention or ability to pay the rent normally to the victim company, since they did not want to sell it and make a loan.

The Defendants, in collusion with E, F, and G, deceiving the victim company and were issued by the victim company the CDI car amounting to KRW 62,200,000 at the market price.

B. The Defendants committed the crime against the Defendant Hyundai Capital Co., Ltd. is the date and time.