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(영문) 서울남부지방법원 2018.01.12 2017고단3078
사기
Text

Defendant

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

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

1. On November 6, 2015, Defendant A entered into a loan agreement with G employees of the victim Ethyth Capital Co., Ltd. in the name of the above company’s representative director at the F Office, F Office, Inc., Ltd., E around November 6, 2015. The specific content of the agreement was that B received a loan of KRW 43 million and paid the loan principal and paid the amount for 60 months, and the victim set up a right to collateral security against the pertinent vehicle.

However, although the defendant obtained the consent from B to use the certificate of seal imprint and the certificate of seal imprint, he could not obtain a loan according to the loan criteria of the victim company because B was not the principal.

Nevertheless, the Defendant, by deceiving the employees G of the victim by her own conduct as B, concluded a loan agreement with the victim under B, and received 43 million won from the victim and acquired the loan from the victim.

2. On Nov. 1, 2015, Defendant B, at the time of being a representative director of F, a company F, an employee, planned to obtain a loan by using H’s machinery, provided the vehicle as collateral to H, and reported that the vehicle would be prepared by utilizing the Defendant’s certificate of the seal imprint and the certificate of the seal imprint, the Defendant allowed the Defendant to use the Defendant’s certificate of his seal imprint and the certificate of his seal imprint in order to prepare a vehicle.

Accordingly, A concluded a loan contract with a Lth Capital Co., Ltd. (hereinafter referred to as “Lth Capital”), and purchased a vehicle, using the above certificate of seal imprint and the certificate of seal imprint, signed a loan document on behalf of the Defendant, and purchased the vehicle under the name of the Defendant, and provided the vehicle as security to H, and made it use.

Therefore, if the location of a vehicle with a right to collateral security is not confirmed without paying a loan to that end, the defendant is the defendant at the Seo-gu Daejeon Police Station on March 30, 2016.

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