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(영문) 수원지방법원 평택지원 2015.12.23 2015고단1375
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant and B obtained a loan from a financial institution as the purchase price for a motor vehicle by allowing a person with bad credit standing (hereinafter referred to as "one-time work loan"), and conspired to sell the motor vehicle again.

1. On November 21, 2012, around November 21, 2012, the Defendant and B submitted a loan document to repay KRW 44,00,000 for each five-month period from January 5, 2013 to December 5, 2015, to employees, for whom the name belonging to the victim’s Hyundai Capital-dong Branch was not known, in purchasing CNS car at the 293 Hyundai Automobile Yacheon-gun-gun, Hocheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do.

However, in fact, even if the Defendants purchased the said car, they were to sell it with a large lane and to acquire the price, and there was no intention or ability to pay the loan.

Nevertheless, the Defendant and B had the victim pay KRW 44,00,000 as the price for the passenger car and received the said passenger car.

In this respect, the defendant and B conspiredd the victim to acquire property benefits equivalent to 44,000,000 won for passenger cars by deceiving the victim and caused the damage equivalent to the same amount to the victim.

2. On January 18, 2013, around January 18, 2013, the Defendant and B submitted a loan document stating that: (a) around 48 months from February 15, 2013 to January 15, 2017, KRW 654,200,65,100 each lease deposit shall be paid to employees for whom the name of the victim’s Hyundai Capital Branch is unknown; and (b) around 48 months from February 15, 2013 to January 15, 2017, the Defendant and B purchased 1,50,000 won each of the 654,200,65,100 won as of January 15, 2017.

In fact, even if the defendant and B purchased the two above combined vehicles, they would have sold them in a large way and would have acquired the price, and they will pay the loan.

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