(영문) 대구지방법원 2015.01.09 2014고단353

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(영문) 대구지방법원 2015.01.09 2014고단353

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant purchased a vehicle from the victim Hyundai Capital Co., Ltd. with the victim Hyundai Capital Co., Ltd. after purchasing the vehicle, and collected the vehicle from the third party immediately to transfer it to the third party as security and make cash loans to B.

On September 4, 2012, the Defendant: (a) drafted a loan document stating that “D” used vehicle trading companies located in Daegu-gu, Daegu-gu, and the Defendant shall notify B of the loan method; (b) the Defendant shall lend KRW 18,500,000 to an employee of Hyundai Capital Co., Ltd. in the name of the said Hyundai Capital Co., Ltd. and (c) shall pay in installments the principal and interest of KRW 764,228 each on the 20th day of the week and the 36th day of each month; and (b) submitted to Hyundai Capital Co., Ltd. in the name of Hyundai Capital Co., Ltd. and received KRW 18,50,000 from the account in the name of Hyundai Capital Co., Ltd. in the name of the said company.

In addition, the Defendant received a new siren car from the same day to the F who promised the said vehicle in advance, and received in return eight million won from the Defendant to the post office passbook in the name of the Defendant.

However, in fact, B did not have any particular property or income, and the obligation to be repaid was approximately KRW 100 million, and the Defendant and B did not have any intent or ability to repay, even if they were to receive a loan from the victim as the price for the purchase of a motor vehicle, since the Defendant and B decided to extend the debt to a third party immediately after the purchase of a motor vehicle.

Accordingly, in collusion with B, the Defendant knew the victim as above and received 18,500,000 won from the employees of the victim company, namely, the purchase price for the motor vehicle from the victim company.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused (including G statements);

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. The prosecutor's statement concerning H;

1. Statement of the police officer to I.

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