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(영문) 서울북부지방법원 2017.11.10 2017고정905

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a salesperson of the agency B, and C is a person who conducts a building business, and D is a defendant's friendship.

around June 2013, Defendant, C, and D conspired to purchase a vehicle under a financial lease to the victim company in the name of D, knowing the fact that C, who actually wants to purchase a vehicle, is a bad credit holder, is unable to file an application for a financial lease with the victim's Hyundai Capital Co., Ltd., while purchasing the vehicle in its name.

On July 8, 2013, the Defendant entered D’s personal information, workplace information, etc. as if D actually purchased a motor vehicle, and prepared and submitted to the victim company a written application for vehicle lease of KRW 2,5030,030,00 of the conditions repaid between 48 months and 700,800 per month to the victim company.

However, in fact, although C actually intended to purchase and operate a motor vehicle, it was not entitled to receive financial lease due to bad credit standing, there was no ability to pay lease fees on the agreed date of payment of lease fees, and D was only lent only in the name according to the above public offering, and there was no intention to pay lease fees.

The Defendant, in collusion with C and D, by deceiving the victim company as above, caused the victim to pay 250,030,000 won to the automobile company for the same day, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the defendant, C, or D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to an application for automobile lease;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;