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(영문) 인천지방법원 2015.09.22 2015고단2055
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

However, from the final date of this judgment.

Reasons

Punishment of the crime

1. Defendant A, at the time of shipping a new vehicle with G and H, received a loan from the victim Hyundai Capital Co., Ltd. in the name of the new vehicle purchaser, and then decided to re-be a “motor vehicle seat” in the name of the purchaser of the new vehicle. The above G, a title holder to purchase the new vehicle, and the Defendant, a sales contract and a loan-related documents, etc. between the title holder to purchase the new vehicle and the sales agency, prepared a motor vehicle sales contract and a loan-related documents, and transferred the new vehicle to the said G, and the said H, a series of publically recruited to have the vehicle transferred from the said G to sell it in another place.

Accordingly, the above G recruited I as the nominal owner to purchase a new car and introduced it to the Defendant. On December 14, 2012, the Defendant was issued a total of KRW 261,800,000 from the victim seven times in total as shown in the attached Table of Crimes in the attached Form by the following method from the date to February 25, 2013, even if he/she purchased a rocketing car in the name of Gangseo-gu Seoul Metropolitan Government, and even if he/she purchased a rocketing car in the name of Gangseo-gu, he/she would dispose of it in another place and make a loan to L, who is an automobile dealer, in spite of the fact that he/she would be able to sell it in the name of another place, and issued the said L a sales contract, loan-related documents, etc., and had the said L submit the said car sales contract, etc. to the Hyundai Capital Co., Ltd. of the victim and received KRW 26,000,000 from the victim.

Accordingly, in collusion with G and H, the Defendant received a total of KRW 261,800,000 from the victim and acquired it by fraud.

2. To the extent that there is no concern about actual disadvantage to Defendant B’s exercise of the Defendant’s right to defense, the above G loaned the Defendant’s deposit for marina business establishment, which was previously lent to the Defendant, to the extent that there is no concern about the Defendant’s exercise of the right to defense.

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