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(영문) 서울남부지방법원 2018.12.06 2017고단3547
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

on the part of the defendant B.

Reasons

Punishment of the crime

【Defendant A was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court on July 13, 2016, and the said judgment became final and conclusive on July 21, 2016.

Defendant

B On November 4, 2016, the Seoul Southern District Court sentenced two years of imprisonment for fraud at the Seoul Southern District Court, and on May 18, 2017, the said judgment became final and conclusive.

[Criminal Facts]

1. Defendant A: (a) registered as the representative director of G Co., Ltd. established by F via D and E; and (b) leased automobiles, etc. in the name of G under the said G to acquire profits from distributing the said automobiles, etc. with a substitute car, etc.; and (c) registered as the representative director of G on July 14, 2014.

On August 26, 2014, the Defendant is a company normally operated by the G in which the Defendant was living in the vicinity of Busan Metropolitan City, and as a staff member of the Defendant’s Dog Capital Co., Ltd., Ltd., in favor of the Defendant.

The lease rate of 1,583,00 won per month and the lease period of 48 months for Au A6 passenger cars and the lease rate of 1,787,300 won per month and the lease period of 48 months for Au A63.0 Da or mixed passenger cars (I) will be paid monthly rent of 1,787,300 won per month and the lease period of 48 months.

“The G’s financial statements, etc. were submitted while making false remarks.”

However, in fact, the above G is a compliance with which it was acquired to obtain a loan, and the above financial statements, etc. were prepared falsely, and the defendant did not have the intent or ability to pay a monthly rent even if he received the above AD car.

Defendant deceiving the employees of the victim company as above, and deceiving the victim company with an equivalent of KRW 77,44,425 of the market price on the same day from the victim company, and acquired the mixed car by delivery in the amount of KRW 87,234,300 of the market price and KRW 87,234,305 of the market price.

2. The Defendants’ joint crime Defendant A, together with F, sought a bank loan under the above G name, but was excluded from F who did not receive the above loan, and agreed to obtain a loan under the name of G with Defendant D, etc., and the Defendants.

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