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(영문) 인천지방법원 2016.06.24 2015고단5239 (1)

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In collusion with D and E, the Defendant: (a) purchased a vehicle with installment financing loans without intent or ability to repay the loans; and (b) knowingly, the Defendant conspiredd to receive the loan from the loan requester to receive the documents and to receive KRW 1,500,000 per one person (150,000,000).

According to the above public offering, the loan client F requested E to grant a loan, and around August 9, 2013, he applied for KRW 20 million for a loan of installment capital to the victim JB Capital Co., Ltd. in Korea.

However, in fact, F was merely intended to lend funds in the form of installment financing loans and did not have an intention to hold a car and did not have an intention or ability to repay the loan.

After all, the Defendant, in collusion with E and F, induced the victim as above, and caused the victim to pay the above loans of KRW 20 million to the seller of the motor vehicle on the same day as the purchase price, thereby obtaining pecuniary benefits equivalent to the above amount.

On September 26, 2013, the Defendant, in collusion with the lending client H, purchased cub car from the victim BS Capital Co., Ltd. in collusion with the lending client H, and purchased 35 million won from the lending client in collusion with the J on December 20, 2013, and took 79 million won in total on three occasions by deceiving 24 million won from the victim cub capital Co., Ltd. in collusion with the lending client for the above method. < Amended by Presidential Decree No. 24200, Dec. 20, 2013>

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. Application of court rulings (331 pages of investigation records) Acts and subordinate statutes;

1. Article 347(1) and Article 30 of the Criminal Act concerning the pertinent criminal facts and the choice of punishment.