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(영문) 서울중앙지방법원 2012.08.14 2012고정3342

사기

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B On July 14, 201, on which the Seoul Central District Court sentenced 8 months to a violation of the Punishment of Tax Evaders Act on July 14, 201 as the actual operator of leather manufacture and export company (State), and the judgment became final and conclusive on December 23, 201, and Defendant A is the representative director in the name of the said company.

Defendant

B purchased a car in the name of the said company from E, an illegal exporter of a motor vehicle, which was known to the general public (the prosecution of November 28, 201), and received a loan from F, and the money necessary for the purchase of the said vehicle was paid from F, and then sold the vehicle purchased without paying the loan to an overseas exporter, and divided the proceeds from the sale with the proposal of the two.

In addition, Defendant B delivered E’s proposal to Defendant A, and Defendant A also passed a resolution to commit the crime with the consent of the above proposal.

On January 11, 201, Defendant B entered into a loan contract with the name of the said company in the form of two Liber car (H and I) with the amount equivalent to KRW 18510,000,000,000,000,000 won for the victim F, 36 months for the loan period, 7.5% for the loan interest rate, and 559,910 won for the monthly payment, respectively.

However, in fact, the Defendants did not have the intent or ability to make effective mortgage on the said automobiles, as they disposed of the vehicles purchased from E to overseas exporters of the vehicle designated as above, and received part of the proceeds from the sale.

As a result, the Defendants conspired with E in successive order by deceiving the victim as above, and let the victim transfer 36 million won to a new bank account under the name of G business office on January 11, 201 as the vehicle security loan, thereby gaining financial benefits equivalent to the above amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part 1. of a copy of the Main E survey Records.

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