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(영문) 서울중앙지방법원 2013.07.26 2013고단903
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On August 8, 201, the Defendants conspired to purchase new vehicles through the installment loan in the name of Defendant A, to purchase them again in the half value, and to sell them in cash. On August 8, 2011, the Defendants agreed not to transfer, lend, pledge, etc. the purchased vehicle to another person without the consent of the said victim when applying for a new installment loan of KRW 33 million to Hyundai Capital Co., Ltd. in the name of Defendant A through H, an employee of the said G business, and purchasing K7 cars.

However, in fact, the Defendants did not have any particular property, and even if they purchased a new vehicle with a loan for the purchase of the new vehicle, they did not intend to operate the said vehicle in a normal way or to pay the installments of the said vehicle.

Nevertheless, the Defendants conspired to deception H as above and caused the victim to pay 33 million won for the purchase price of the vehicle on the same day, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On August 8, 201, Defendant B violated the Automobile Management Act: (a) on a used car market located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, transferred to K without registering the transfer of the ownership of a motor vehicle to the competent authority, even though the Defendant acquired a k7 vehicle from A as above in the J-S used car market.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. A’s legal statement;

1. Partial statement of the suspect interrogation protocol on Defendant B by the prosecution

1. Statement of the police concerning L;

1. Application of the loan application or the register of automobiles statutes;

1. Article 347(1) of the Criminal Act - Defendant A: Articles 347(1) and 30(Fraud) of the Criminal Act - Defendant B; Articles 347(1) and 30(Fraud) of the Criminal Act; Articles 80 subparag. 2 and 12(3) of the Automobile Management Act.

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