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(영문) 서울동부지방법원 2017.09.22 2016고단382
사기등
Text

The defendant is punished by imprisonment with prison labor for four months for the crime No. 1 of the judgment of the 2016 Highest 1592.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 8, 2012, the Defendant was sentenced to a suspended sentence of two years for fraud, etc. at the Seoul Eastern District Court on August 8, 2012, and the judgment became final and conclusive on November 17, 2013. On November 22, 2013, the same court was sentenced to a suspended sentence of two years for embezzlement and became final and conclusive on the 30th of the same month.

【Criminal facts】 2016 Highest 382】

1. The defendant's sole criminal conduct;

A. The Defendant, in the name of another person, received a loan from the Defendant without permission, to voluntarily dispose of the vehicle after purchasing the vehicle in his/her name, and on November 16, 2014, to the Victim F in Pyeongtaek-si through D, which is a seat around November 16, 2014, prepared a test-related document to examine whether the vehicle purchase price can be loaned under the name of the party. After receiving the document examination, the document examination is not necessary to immediately return the vehicle until November 18, 2014, and if the loan examination is conducted, it would be helpful for the first person in finance or credit.

“Along on November 18, 2014, it received a loan-related document, including a loan-related document, a certificate of seal imprint, a business registration certificate, from the injured party.”

However, in fact, the defendant received a loan-related document from the injured party, and let G, a motor vehicle dealer, borrow a loan in the name of the injured party, let G purchase the vehicle in the name of the injured party, and then the defendant thought that the vehicle will be arbitrarily disposed of by receiving it

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) issued a vehicle loan-related document, such as a certificate of personal seal impression and a business registration certificate, to G who is unaware of such fact; and (c) allowed G to borrow KRW 17.9 million in the name of the victim from the Hyundai Capital Capital around November 19, 2014; and (d) purchased the Hystren earth vehicle in the victim’s name using the said money; and (e) obtained the remainder of the loan by fraud of KRW 17.9 million.

(b) the fabrication of private documents; and

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