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(영문) 서울중앙지방법원 2013.06.10 2013고정1278
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

C Lending the name of spouse D-friendly E and F, the Defendant used to receive a used car loan from the installment financing company through the Defendant.

1. On November 11, 201, E’s nominal loan fraud C suggested that the Defendant would be the nominal owner of the loan, and that the Defendant would receive and request the loan of high-class motor vehicle security. In other words, the Defendant consented to the Defendant’s application for the loan of high-class loan that is a motor vehicle involved in the accident on his/her behalf.

On November 11, 2011, the Defendant, at around 12:00, submitted a loan-related document, such as a loan application and a certificate of seal impression, from “J”, which is an agency for automobile financing in the I, a vehicle located in the I, Gangseo-gu Seoul Metropolitan Government H, to the employee in charge of loan, who is not aware of the name of Hyundai Capital Co., Ltd., the victim at that time.

In applying for a loan as above, the Defendant and C did not notify the victim company that they would not actually purchase used cars by E, but merely use the loan funds that C would receive by borrowing only the name of loan and the name of registration of cars.

The Defendant, in collusion with C, by deceiving employees in charge of loan of the victim company as above, received KRW 29.4 million from the victim company that believed E to be the actual purchaser of the said vehicle as installment financing loan on the same day.

2. FF lending fraud C, at the beginning of December 201, concluded that the Defendant, by telephone, was the nominal owner of the loan, to receive a heavy and high-ranking vehicle mortgage loan. In other words, the Defendant accepted, at the seat, an application for a loan by proxy, which is a vehicle involved in the accident, as a security of LAF car.

The Defendant, at around 14:00 on December 5, 201, falls under the name of the F with respect to the said car, which was delivered to K in charge by the “J” as set forth in paragraph 1, from F.

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