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(영문) 인천지방법원 2016.12.22 2016고단8036
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2012, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud, etc. at the Seoul Central District Court on December 20, 201, and the judgment became final and conclusive on December 28, 2012.

【Criminal Facts】

Around October 2012, the Defendant, together with B and C, gathered in the office of licensed real estate agents E operated by Ansan-si D, and purchased used cars from one Capital Capital Co., Ltd. in the name of F, a used car loan from one Capital to another, and offered funds for the operation of the company B by disposing of the relevant cars.

On November 8, 2012, the Defendant, along with B and C, prepared an application for installment financing of KRW 20 million with the victim’s used cars in Seongdong-gu Seoul Metropolitan Government, and sent the said application to the H Motor Vehicle Market. The Defendant and B waited in the surrounding area. The Defendant and B, entering the “I” located in the above G and the first underground floor, purchased one of K7 used cars (J) in the name of the said stock company F in the name of the said company F and concluded that F would have actually used the said vehicle and would have paid the installment normally. The Defendant instructed B to request the victim capital Co., Ltd. to lend KRW 20 million to the victim capital company. The Defendant prepared an application for installment financing of the used cars of the victim company, and set up a collateral security on the same day to the victim company.

However, in fact, Defendant, B and C applied for installment financing of used cars as the idea of financing the purchased vehicle by disposing of the vehicle that was urgently needed at the time, and there was no intention or ability to pay the installment payment, even if the vehicle was purchased, there was no idea that the victim would continue to use it or be able to exercise the security right, and there was no intention or ability to pay it.

Defendant, B and C shall induce the employees in charge of loans in the name of the victim company as above.

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