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(영문) 인천지방법원 2014.09.24 2013고단8033 (2)
사기
Text

Defendant

A Imprisonment of one year and two months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant A, upon receipt of the personal information, etc. of a borrower, performed loan work, such as purchasing and selling a vehicle in the name of the borrower in the manner of "vehicle tin", and preparing cash, etc.; F and G recruited loan clients, Defendant B and H, etc., and introduced them to Defendant A, and Defendant B and H, etc. provided necessary documents, such as a certificate of personal seal impression, upon request for a loan. Even if the loan was made, the provision of necessary documents, such as a certificate of personal seal impression, was made by disposing of the vehicle as a "vehicle-type" and planned to operate the vehicle normally, and there was no intention or ability to settle the loan.

1. Defendant A and F’s joint criminal conduct, together with F, G, and H, purchased IYFMs at the south-gu Office of Business of Hyundai Motor Vehicles located in Nam-dong, Incheon, Nam-gu, Incheon, on April 25, 2011, and submitted to the victim Hyundai Capital Co., Ltd. a certificate of false employment with regard to H and a certificate of income tax withholding on Class A employment income, etc., and purchased the said vehicle from the victimized Company with a partial loan of KRW 22.1 million, and sold the said vehicle to the nameless winners, and then sold it to the nameless winners.

Accordingly, the above defendant, in collusion with F, G, and H, by deceiving the victimized company as above, and by allowing the victimized company to pay the purchase price for the car, thereby acquiring the pecuniary profit equivalent to KRW 22.1 million.

2. Joint offenses committed by Defendant A, B, and F;

A. On July 19, 201, the above Defendants and F purchased Junna vehicle at the agency of Hyundai Motor Vehicles South-gu, Incheon, Nam-dong 205-13 around July 19, 201 according to the above conspiracy, and submitted to the victim Hyundai Capital Co., Ltd. a false certificate of employment as to Defendant B, a certificate of income tax withholding for Class A employment income, and a statement of wages, etc. to the victim company B’s name.

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