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(영문) 광주지방법원 2014.10.02 2014고단2172

사기등

Text

Defendant

No. 1 and No. 2-A of the judgment of ES.

§ 2-B of the Resolution, with respect to a crime committed.

Imprisonment with prison labor for a crime.

Reasons

Punishment of the crime

[criminal power] Defendant ES was sentenced to one year of imprisonment for fraud, etc. at the Gwangju District Court on October 25, 2012 and two years of suspended execution, and the judgment was finalized on November 2, 2012. Defendant C was sentenced to eight months of imprisonment for fraud at the Gwangju District Court on September 25, 2009 and completed the execution of the sentence on August 1, 201. On January 24, 2013, Defendant ES was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court on March 22, 2013 and the judgment became final and conclusive on March 22, 2013.

【Criminal Facts】

1. The Defendants’ joint criminal conduct: (a) prepared related documents, such as an application for a loan, in the name of the applicant for loan, as if the applicant for loan was actually purchasing an automobile; (b) submitted the installment financing company under the name of the applicant for loan; and (c) made the company for installment financing to pay the vehicle price to the company selling the vehicle under the name of the loan; and (d) arranged the 'motor vehicle tin' by promptly selling the released vehicle and lending the cash; and (c) Defendant ET obtained the above loan method from Defendant EX through the EX on July 201, and consulted Defendant EX with the above loan method; and (d) it was anticipated that it would be possible to lend a total of KRW 100 million in the name of Defendant ES, Defendant ES would be able to obtain a loan in the name of Defendant EX, and Defendant ES consented to it.

Accordingly, Defendant C colored an agent to purchase an automobile and a capital company to apply for a loan, and Defendant ET colored an automobile trading company to sell the said automobile.

The Defendants, around August 26, 201, started with a flag AH agency located in AG in the city of Busan, which was colored in advance for the purpose of purchasing a car around the new wall, and on the same day, Defendant ES directly applied for a loan of KRW 40,000 for a passenger car in its own name while driving as if he purchased one car at the above agency on the same day.