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의정부지방법원 고양지원 2014.06.13 2014고단457
사기
Text

Defendant

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

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to two years of imprisonment with prison labor for a violation of the Attorney-at-Law Act in the Goyang Branch of the District Court on September 17, 2010, and the said judgment became final and conclusive on the 25th of the same month.

【Criminal Facts】

The Defendants purchased a vehicle with a loan from a capital company and conspired to sell the vehicle to a person who is not his name.

Defendant

A around February 22, 2008, at the store of Defendant B located in Goyang-si in Goyang-si, purchased Done Star Co., Ltd. from the Hyundai Capital Co., Ltd., for the loan period of 36 months, loan interest rate of 8.25%, overdue interest rate of 24.00%, and the principal and interest are repaid in equal installments, and the above loan was mortgaged on the above Lone Star vehicle as a security, and the above loan was taken over the above Lone Star vehicle. Defendant B transferred 4.2 million won to Defendant A on the same day under the name of vehicle takeover, and Defendant B sold the above Lone Star vehicle to the above 9.2 million won, and the remaining amount became Defendant B as the purchase price of the vehicle.

However, the Defendants only attempted to sell the Lone Star vehicle after purchasing the Lone Star vehicle and did not have the intention or ability to repay the vehicle loan.

The Defendants conspired to induce the victim and cause the victim to pay 19.2 million won to the victim, thereby acquiring the pecuniary benefits of the same amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement of E;

1. A copy of the application for loans for automobile purchase; and

1. Copies of a document establishing a mortgage;

1. Details of request, and details of deposits;

1. Previous convictions: Investigation of criminal records, investigation of criminal records, and reporting of results of confirmation of criminal records, and application of Acts and subordinate statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. To treat concurrent crimes;