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Reasons
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(영문) 서울서부지방법원 2013.10.30 2012고단2652
사기
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1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

The Defendant, as a person operating “C” due to the operation of the enemy, received a loan from E and the victim capital, a corporate bond broker in Daegu-gu local government, which became aware of through the introduction of D, who is an employee of newspaper company, and intended to sell the used vehicle under the name of the Defendant and distribute the proceeds therefrom.

Around July 1, 2011, the Defendant entered into a loan agreement with the following terms: “Around July 1, 2011,” the Defendant purchased a Mobage vehicle (H) worth KRW 44.6 million in the name of the Defendant, and the Defendant had a franchise relationship with the victim company as if the Defendant would have faithfully paid the loan to employees under the name of the Plaintiff Company.” In doing so, the Defendant entered into a loan agreement with the content that “a loan of KRW 30 million, KRW 36 months, monthly payment of KRW 1,207,120 in the name of the Defendant.”

However, in fact, the defendant was only for the purpose of preparing cash by disposing of the above vehicle as a supersection, and there was no idea to operate the vehicle, and there was no intention or ability to pay the loan normally.

As a result, the Defendant conspired with the above E by deceiving the victim, and caused the victim to transfer the amount of KRW 30 million to the bank account (J) in the name of the Korean bank (J) under the name of the owner of the vehicle loan, thereby obtaining property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements in this Court from the witness K, L, D, M, and E;

1. Prosecutions of the defendant, M and police interrogation protocol (including substitute part);

1. The police statement of K;

1. Application of the Acts and subordinate statutes of a copy of the loan agreement, a copy of the register of automobiles (A), employee reduction system, and payment result inquiry;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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