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(영문) 대구지방법원 김천지원 2013.08.29 2013고정370
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

B around December 2010, when requesting the Defendant, who operates a loan brokerage company C to grant a loan, the Defendant, despite being given a loan in light of the credit standing, etc., received a loan from B to obtain a fee by being aware of the fact that it is difficult to repay the loan normally, and then purchased a vehicle with a loan from B to receive a fee, and then sold the vehicle as so-called “large-type vehicle” (the vehicle is occupied or traded without the nominal transfer procedure and the actual owner is different from the actual owner on the register) and received the consent of B.

Around December 17, 2010, the Defendant entered into a contract with a flag car E agency located in Gumi-si, Dongmi-si, to purchase the above agency's F with B and to purchase the k5 vehicle volume. Of the vehicle price, 26.9 million won out of the vehicle price was to be appropriated with a loan for vehicle purchase funds from the victim Hyundai Capital Co., Ltd., Hyundai Capital Co., Ltd., the victim company's loan amounting to 26.9 million won, repayment period, 48 months, interest rate, 12.5% per annum, 715,002 won per month, and on the vehicle, the Defendant applied for a loan that establishes the right to collateral security, and the loan was deposited immediately into the said vehicle agency.

However, in fact, even if a motor vehicle was purchased with a loan from a motor vehicle purchase fund, it was thought that the motor vehicle was sold as a substitute vehicle and used the purchase price, and there was no intention or ability to pay the installment loan normally.

Accordingly, the Defendant, in collusion with B, deceiving the employee in charge of loans in the name of the victim company as above, caused the employee in charge to make a loan decision at that time, and then the amount of loans KRW 26.9 million is directly from the victim company to the foregoing car E agency.

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