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(영문) 서울중앙지방법원 2016.02.12 2015고단5885
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C, D, and E received a request for a loan from F and G, and the borrower knew that he/she does not have any intent or ability to repay even if he/she receives a vehicle purchase loan due to bad credit standing or excess of debts, and that the borrower who becomes the nominal owner of the vehicle purchase loan intends to immediately sell the vehicle with the vehicle "to substitute vehicle" after purchasing the vehicle without any intention or ability to operate the vehicle by actually purchasing it.

Nevertheless, the Defendant would allow the loan requester to get a “automobile loan” under the above-mentioned financing method.

In other words, upon receiving personal information of the loan requester, the loan is requested to C. The loan is requested to D, D is requested to E in order, and D finally requested to E to lend the loan to the victim Hyundai Capital Co., Ltd. with the victim Hyundai Capital Co., Ltd. as a vehicle purchase fund, and the vehicle was purchased and the vehicle was purchased with the loan and the bid was recruited to sell it in order.

1. On February 14, 2012, the Defendant and C, D, E, and lending requester F conspired in sequential order as above, and E filed a false loan application with the Defendant, C, and D to the employees in charge of the victim Hyundai Capital Co., Ltd. to the effect that “The amount of KRW 36,500,000 per annum would be repaid at the rate of 13.48% per annum on a 60-month basis” with the Defendant, C, and D’s loan requested in sequence at the I Used Vehicle Trading Center located in Daegu-gu, Daegu-gu.

However, the F, at the time, intended to obtain a loan for the purpose of purchasing a vehicle, did not actually have the intention or ability to purchase and operate the vehicle. The F, with the loan from the injured party, purchased the vehicle and was planned to immediately make the loan to the "large-to-large vehicle", and the F was in excess of the debt and bad credit standing, and the revenue and property was given a certain amount.

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