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(영문) 대전지방법원 2018.07.26 2018고정211
사기
Text

Defendant

A A shall be punished by a fine of KRW 3 million, Defendant C, and B by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

C is the Daejeon D Environmental Board, Defendant B is responsible for loan solicitation, and Defendant A is a person who was sentenced to two years of imprisonment with prison labor at the Daejeon District Court on February 3, 2016 and was finally decided on June 23, 2016, and is a so-called "loan Brer".

As Defendant C was unable to receive a loan in a normal way as a recipient of basic daily life without certain income or assets, the Defendants conspired to sell the purchased vehicle after receiving a loan from the installment financing company as if Defendant C purchased the vehicle, even if Defendant C received a loan from a vehicle-to-car, and there is no intent or ability to repay the loan, and notwithstanding the fact that Defendant C did not intend to actually purchase and operate the vehicle.

On May 2015, the Defendants made an application for installment financing and a written agreement with the victim Hyundai Capital Co., Ltd., as they applied for installment financing to the person in charge of the name of Sungwon General Finance Co., Ltd., a installment financing brokerage company, to purchase a high-speed vehicle, at the mutual infinite coffee shop located in Seoyang-dong, Daejeon, Daejeon. The Defendants made a false representation of the applicant’s work column as “other public, social, and personal services” in Defendant C’s occupation.

Ultimately, the Defendants conspired, as seen above, by deceiving Hyundai Capital Co., Ltd. of the victim, and by deceiving the victim company, the Defendants received gold 16 million won from the victim company on June 24, 2015, and acquired it by remittance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement protocol of the police statement to E (written application for heavy loan and vehicle register);

1. A protocol concerning the examination of each police suspect against C, A, or B;

1. Previous convictions in the judgment (Defendant A): Inquiry about criminal history and the application of the text of the judgment of Daejeon District Court 2015 High Court 3668

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 347(1) and 347(1) of the Criminal Act; the Defendants’ choice of fines

1. Defendant A who handles concurrent crimes: Criminal Act.

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