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(영문) 제주지방법원 2016.10.26 2015고단839 (2)

사기등

Text

Defendant

A shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On April 25, 2014, Defendant A was sentenced to the suspension of the execution of one year and six months by imprisonment with prison labor for an injury at the Jeju District Court on April 25, 2014, and the judgment became final and conclusive on July 25, 2014.

On December 26, 2013, the Defendant, at the Aeronautical Car C Office located in Jeju Island, purchased a rocketing car and agreed to borrow KRW 27.7 million from the victim Hyundai Capital Co., Ltd.

The Defendant drafted a new installment plan for loans at the time and submitted to the employee in charge of the victim company a forged employment certificate stating that the Defendant is “D” in the “workplace name” column for the new installment plan even though the Defendant was not a employee of D, and that “Defendant is working from May 1, 2012 to December 23, 2013” was submitted to the employee in charge of the victim company.

Accordingly, the defendant had the victim company transfer the amount of KRW 27.7 million to the account in the name of the vehicle in the name of the Corporation for the purpose of the vehicle purchase loan to the victim company.

Defendant E, A, G, and H Defendant A were sentenced to imprisonment with prison labor for an injury, etc. at the Jeju District Court on April 25, 2014, and on July 25, 2014, the judgment became final and conclusive on July 25, 2014.

1. Joint criminal conduct by Defendant E and A;

A. The Defendants, together with Defendant A, conspired to forge a certificate of employment as if he/she was in office in D Travel Agency (Representative F) Co., Ltd. and enter into a vehicle loan contract by using it. On December 23, 2013, at a place where the location is unknown on or around December 23, 2013, Defendant A, despite that he/she was not an employee of the said company, presented “A”, “J”, and “in the resident registration number column,” to Defendant A, a real representative who did not know the fact, using a computer screen program.