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(영문) 춘천지방법원 원주지원 2014.07.23 2014고단418

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, along with two persons whose name is unknown (one name C and D), purchased a heavy vehicle and disposed of it to another person, and then take property benefits equivalent to the proceeds therefrom. C et al., intended to use the vehicle to purchase and prepare a false certificate of acquisition and loss of health insurance qualification under the name of the Defendant, and the Defendant intended to share the role of applying for the loan to Hyundai Capital Co., Ltd. (hereinafter referred to as “Modle Capital”) and the Defendant’s comprehensive installment loan company (hereinafter “victim”) with the victim in its name.

On September 16, 2013, the Defendant: (a) purchased an automobile from the JYoman in the Yoman Park Jong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si in the JYoman car trading complex; and (b) made a false statement to the staff who could not know the name of the damaged company, that “The Defendant would pay KRW 1,200,000,000 upon receiving a loan by establishing a right to collateral security on the said car at the Yoman-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, to pay KRW 1,20,000 upon receiving a loan from the employee who was unable to know the name of the victimized company.”

However, in fact, C et al. purchased the said car and then disposed of it to the third party and distributed it to the word "large Car", so there was no intention or ability to set up a collateral security in the Hyundai Capital Capital; and it was forged that the written confirmation of the eligibility for health insurance submitted by the Defendant while applying for a loan to Hyundai Capital Capital was forged; even if the Defendant did not have any property and did not make a loan from the Hyundai Capital Capital, the Defendant did not have any intent or ability to repay the amount of KRW 11.2 million paid by the victimized Company.

As above, the Defendant caused the victimized company to remit KRW 11,20,000 to the business bank account in the name of F employee of the said JYzz.

Accordingly, the Defendant, in collusion with the above C et al., led the victimized company to gain pecuniary benefits of 11.2 million won.

(i) the evidence;