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(영문) 의정부지방법원 고양지원 2017.05.11 2017고정218
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 June 3, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on June 11, 2015.

The defendant is an actual operator who operates the LAC in the name of B, and D and E are a person who operates a motor vehicle-related loan business in the Bupyeong-gu Seoul Dongdaemun-gu Seoul Metropolitan Government, and the defendant, D and E have leased a vehicle in the name of the LAC and have raised to use it as a security and to provide it as a loan.

The defendant, in collusion with D and E on July 23, 2013, at the underground parking lot of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 1158-25 D's 1158-25 D'. The defendant would allow the victim F to escape from the above benz vehicle for a period of six months if the defendant had a 48 million won vehicle in the name of the representative of the Dispute Resolution Co., Ltd. (G).

When the vehicle is returned after six months, 48 million won shall be returned as it is, and when the vehicle is returned at one year, 43 million won shall be returned when it is returned.

The above vehicle is a vehicle with no problem.

“A false statement” was made.

However, prior to borrowing money from the victim, the Defendant and D/E had already provided the victim with the instant benz vehicle as collateral, but failed to repay the money to H, and was planning to repay the borrowed money from the victim. The said benz vehicle did not have the ability to pay the leased money normally. Therefore, the Defendant had no intent or ability to allow the victim to use the vehicle for six months and to repay the 48 million won to the victim.

The defendant, D, and E conspired, and they received 48 million won from the injured party as a check and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of E, B, or D by the prosecution;

1. Each police statement made to F and I;

1. Account statement, lease agreement;

1. Previous convictions: Inquiry into criminal history, investigation report (verification of suspect A suspended sentence), and application of a copy of judgment-related Acts and subordinate statutes;

1. Criminal facts;

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