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(영문) 대구지방법원김천지원 2020.12.09 2020고단1497
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court on April 18, 2019, and the judgment was finalized on July 19, 2019.

Defendant

B On October 16, 2019, the Incheon District Court sentenced two years of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on March 16, 2020.

【Criminal Facts】

1. The public offering-related Defendant B was a person who actually operated D Co., Ltd., a dump truck transport business in Seo-gu Incheon Metropolitan City, and Defendant A was unable to obtain a loan by an ordinary method due to a large amount of debt, and requested the loan by introducing Defendant B.

Defendant

B The Defendant A proposed that “dump trucks will be purchased as documents and borrowed as funds for the purchase of dump trucks” and Defendant A accepted them. The Defendants conspired to obtain loans by deceiving them as if they were to purchase dump trucks using the Defendant’s business registration certificate, certificate of personal seal impression, etc.

2. According to the specific criminal facts of the crime, at a non-permanent location around May 19, 2017, Defendant A introduced the business registration certificate, certificate of personal seal impression, resident registration copy, etc. under the name of Defendant B to the loan brokerage business operator who introduced Defendant B. Defendant B, through the loan brokerage business operator, presented the above documents he/she received from Defendant A to an employee in the name of the victim E company, and Defendant B entered into a false loan contract for F dump truck (which was changed to G on June 13, 2017): Fump truck: Fump truck, loan 130,000,000,000, and installment period of 48 months: Fump truck, loan 3,353,608, H dump truck on condition that it was paid in installments: Hump truck, loan 10,000,00 installment period; 48 months, 28 months, 37,686, respectively.

However, the F dump truck was an accident vehicle with no value as security, and H dump truck did not actually have a vehicle.

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