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(영문) 대전지방법원 2014.08.28 2013고정2265
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 16, 2006, the Defendant was sentenced to 8 months of imprisonment and 1 year and 4 months of imprisonment in the Daejeon District Court for fraud, etc., and the judgment became final and conclusive on February 15, 2007.

Even if the Defendant purchased a heavy vehicle under another person’s name and received a discount loan from the victim treatment Capital Co., Ltd., the Defendant was planning to immediately sell the said vehicle to a third party as a 'mulpo vehicle', and thus, did not have the intent or ability to repay the loan, the Defendant offered C with a certificate of personal seal impression and passbook opened a passbook in the name of C because he would give KRW 1,50,000 per vehicle to receive a discount loan on a vehicle.” On May 24, 2006, C, while being aware of the fact that the Defendant was using a passbook to obtain a discount loan on a vehicle with the consent of the Defendant’s proposal, intended to acquire the loan from the victim by opening the Agricultural Bank account at the office from the Seoul Special Metropolitan City, Seoul Special Metropolitan City, and obtaining a certificate of personal seal impression in the name of the third party.

1. On June 20, 2006, the Defendant, in collusion with C, prepared an application for installment financing with a loan of KRW 18% per annum and KRW 9.5 million per annum on the condition of repayment of equal installments in 36 months, and received it to the victim on the same day. On the same day, the Defendant received KRW 9.5 million from the loan to the said agricultural bank account on the same day.

2. On July 3, 2006, the Defendant, in collusion with C and H, prepared a written application for installment financing with a loan of KRW 20% per annum and KRW 10 million on condition of equal installment repayment in H in the process of purchasing an I salary vehicle in the name of H at the Daejeon Daejeon District Office of Samil-si, Samil-si, and then received it to the victim. On the same day, the Defendant acquired money of KRW 10 million from the vehicle to the said Agricultural Cooperative Account.

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