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(영문) 수원지방법원 안산지원 2016.05.25 2016고단901
사기
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

As the Defendants are related to each other, they purchased a vehicle in the name of the Defendant A, and Defendant B conspired to sell the vehicle immediately and provide financing.

On December 2, 2011, the Defendants purchased the FK5 passenger car in the name of Defendant A at the Seocho-gu Seoul Special Metropolitan City agencies E branch of Ma, and concluded a loan agreement with the victim Hyundai Capital Co., Ltd. on the condition that KRW 24 million will be repaid each month between 48 months and 585,348 for the purchase fund of the vehicle.

However, in fact, the defendants only intended to provide financing by disposing of the above vehicle and did not have the intent or ability to pay the installments of the above vehicle.

On December 7, 201, the Defendants deceptioned the victim company and received 24 million won as a loan for the purchase of a vehicle on or around December 7, 201.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to a criminal investigation report (to a business entity of the original Oral Pene car Co., Ltd.), an investigation report (to compile the details of perusal of the ledger of vehicle registration), an investigation report (to file a certified copy of the registry of a legal entity of the original Oral Pene car Co., Ltd.), an investigation report (to telephone conversations between persons related to vehicle owners of the original Oral Pene car car), and an investigation report (to listen

1. Relevant Article 347 of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the crime (the Defendants’ selection of penalty)

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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