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(영문) 울산지방법원 2013.07.18 2013고단525
사기방조
Text

Defendant

A shall be punished by a fine of 4 million won, by imprisonment with labor of 10 months, and by a fine of 3 million won, respectively.

Reasons

Punishment of the crime

1. Defendant B, in fact, did not intend to purchase a secondhand car and did not intend or have ability to faithfully pay the loan even if he received the loan, he applied for a loan of a secondhand car in the Hyundai Capital Capital, and did not pay the loan from the victim for the purpose of the loan.

On July 12, 2010, the Defendant: (a) purchased a high-end vehicle in JEscoo from the office of “H,” located in Gangnam-gu Seoul Building AB B129, and (b) demanded I to file an application for a loan for a high-class loan by having I faithfully repay the loan if I purchase the said vehicle with a loan borrowed from JEscoos; and (c) accompanied A would have repaid the loan faithfully; and (d) accompanied A would have I deliver the loan as described in paragraph (2).

However, in fact, the defendant thought that he did not repay the loan after receiving a loan by the ice purchase of a vehicle, but actually did not purchase the above high-class vehicle. Even if he received a loan from the injured company, he did not have the intention or ability to faithfully pay the principal and interest in full.

The Defendant deceptioned the victimized company as above, and received 33.8 million won from the victimized company to the account under the H’s name as a loan for the middle and high-class purchase at around that time.

Accordingly, the defendant acquired 33.8 million won from the victim company.

2. The Defendant, as described in the above paragraph (1), was aware of the fact that the Defendant purchased used cars as indicated in the above paragraph (1) and used cars and sold them in other places, but was aware of the fact that it received loans from financial institutions while purchasing used cars, he would facilitate lending of funds to purchase used cars in B.

The Defendant purchased a high-speed vehicle from JJ to J as set out in the date and place mentioned in the above Paragraph 1, B, as set out in the above Paragraph 1, and is the modern capital of the victim.

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