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(영문) 서울중앙지방법원 2016.04.21 2016고단493

장물취득등

Text

Defendant

A Imprisonment of one year, Defendant B, C, and D shall be sentenced to eight months of imprisonment, Defendant E shall be subject to a fine of 5,00,000, and Defendant E shall be subject to a fine of 5,000.

Reasons

Punishment of the crime

[Public offering relation] The Defendants recruited the debtor who intends to borrow a vehicle as security by directly holding the office chief and the director of the office and the director in the position of "I" in Seoul Jongno-gu H and 202, which G operated, and agreed to enter into a loan agreement after determining the loan market price at the rate of loan. In addition to the loan principle, the Defendants collected separate illegal handling fees from the loan principle, and the secured vehicle whose payment period has expired by keeping the secured vehicle as security was 30% or 40% of the normal market price to the above large-sized vehicle dealer in order to make profits by selling the secured vehicle at the large-sized vehicle market price.

[Specific Crime]

1. A person who intends to operate a joint crime vehicle rental business by the Defendants prepared a business plan and registered it with the Mayor/Do Governor as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport, but the Defendants conspired to acquire rental fees without being registered with G and the Mayor/Do Governor. On November 201, 2014, G used Defendant E, a person in charge of loan solicitation at the “I” office located in Jongno-gu Seoul, Jongno-gu, Jongno-gu, 202, ordered Defendant E, a person to cover a LW520d vehicle with the repayment date, and ordered Defendant D, a person other than the public prosecution, to lend a rental fee of one million won for one month from the end of December 2014, and then, from around that time to June 30, 2015, Defendant D operated a registered car rental business with a total amount of 26 times, including a loan of 37,350,000 won by lending a vehicle over a total of 24 times as in attached Table 11.

2. Defendant A

A. RR vehicles with stolen acquisition and storage NN are leased by a lessee’s contractor’s O to pay monthly rent of KRW 655,000 for 48 months from the (ju) Hyundai Capital around September 5, 2012, and leased the vehicle to the lessee for 48 months, and thereafter, to prepare a rupture as security.