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(영문) 서울중앙지방법원 2016.06.15 2016고단292
사기
Text

Defendant

A Imprisonment with prison labor for a period of two and half years, and for a period of one and half years, and for a period of six months, each of the defendants C shall be punished by imprisonment.

(b).

Reasons

Punishment of the crime

Defendant

B On January 17, 2013, the Seoul Southern District Court sentenced one year and two years of probation to imprisonment for fraud, etc., which became final and conclusive on January 25, 2013. On November 30, 2015, the Daejeon District Court sentenced two years of suspension of execution to one year of imprisonment for a violation of the Illegal Check Control Act, etc.

【2016 Highest 292】 Defendant A

1. Fraud G (former summary indictment on July 31, 2015, and confirmation on September 8, 2015) against the victim KB Capital Co., Ltd. (former Social Co., Ltd.) requires a corporate acquisition fund. The Defendant purchased a used vehicle with a loan granted in accordance with the Defendant’s proposal, and then sold it to the non-party to use it for the corporate acquisition fund.

G around January 8, 2014, at a mutually infacs shop within the I used car trading complex located in Seo-gu Incheon, Seo-gu, Incheon, the G made a false representation to the employee under the name in the name of the victim KB Capital Co., Ltd. to “to purchase Kus car to J, and to grant a loan to the purchase fund.”

However, the defendant and G did not have the intention or ability to repay the loan normally because they have thought that they would sell the car purchased by the method of installment financing and want to lend the necessary funds.

In collusion with G, the Defendant, by deceiving the victim as such, obtained the delivery of KRW 24.5 million from the damaged person for the same day on the same day.

2. On March 17, 2014, the Defendant made a false statement to the victim K that “The victim K will give KRW 50 million in return for the occurrence of a disaster, such as the representative of L corporation, etc., to the victim K, and purchase the middle and high-ranking vehicle in the name of the company that is located in the Seoul Gangnam-gu Seoul Metropolitan Government. However, if the Defendant borrowed KRW 29 million in the middle and high-ranking vehicle in the name of the company that is located in the Hyundai Capital Co., Ltd., the Defendant would give KRW 50 million along with the middle and middle-class vehicle after the month when he/she received the loan of KRW 29.9 million in the middle and middle-class vehicle.”

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