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(영문) 대전지방법원 천안지원 2018.05.24 2017고단2834
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[1] On July 16, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months of suspension of execution for three years of social service, and the above judgment became final and conclusive on July 24, 2015, for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Gwangju District Court on July 16, 2015.

In addition, on September 30, 2016, the Defendant was sentenced to one year to suspend the execution of imprisonment with prison labor for a period of one year from the suspension of the exercise of rights at the Daejeon District Court's Incheon District Court's Branch on September 8, 2016, and the said judgment became final and conclusive on October

[Criminal Facts]

1. The Defendant is a person who has been engaged in the construction machinery leasing business in the name of "D" in Gwangju, Gwangju, and C is a person who has been engaged in the construction machinery selling and buying brokerage business in Gwangju and Seobuk, Gwangju.

The Defendant was aware of the fact that the Defendant was in need of funds from the beginning of August 2014.

C by telephone “A document loan (it does not actually purchase a vehicle but only the documents necessary for the transfer of ownership, such as the registration certificate of the vehicle in question and the certificate of the owner’s seal impression, purchase of the vehicle at a price above 10% of the vehicle price, and request C to see whether there is a vehicle available for document loan” for purchase funds by deceiving a financial institution as if it were to purchase the vehicle. C

After inquiring of “the person concerned,” he heard the answer that “it is possible to provide document loans from any intermediary”.

Since then, the Defendant and C conspired with the victim company, thereby deceiving him/her into “documents lending” by means of “documents lending.” On August 2014, C sent the above vehicle registration certificate, etc. to the Defendant to FAX and transferred the contact information, etc. of the above broker. The Defendant is required for “documents lending” by paying the above broker KRW 10 million.

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