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(영문) 대전지방법원 2013.07.05 2012고단3784
사기
Text

Defendant

B A person shall be punished by imprisonment for not more than four months.

Defendant

A shall be innocent.

Reasons

Punishment of the crime

(Defendant B) On September 13, 2012, Defendant B was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Daejeon District Court on June 201, and the judgment became final and conclusive on December 27, 2012.

1. As seen in the part of acquittal of Defendant A’s fraud on May 25, 201, as seen in the part concerning Defendant B’s participation in the crime is not recognized. As such, Defendant B, which was prosecuted as a joint principal offender, has no proof of a crime regarding “public offering” part of the crime, and should be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, inasmuch as Defendant B, which was included in the facts charged as a single crime, is found guilty, the judgment of

Defendant

B knowing the fact that the victim Hyundai Capital Co., Ltd. lending funds to a secondhand vehicle without directly verifying the condition of the secondhand vehicle to be purchased by customers and grants a loan according to the annual formula only on the documents, etc., it has not been easy to do so, and it has been committed in a middlehand vehicle which can receive a large amount of loans, and in the middlehand vehicle due to an accident during which the prices are considerably low due to the accident during the vehicle, and it has been acquired by receiving a high loan from the lending company related to the secondhand vehicle as security.

Defendant

B entered into a contract to purchase the FMW vehicle in 2008, which meets the above conditions in the name of A E, and on May 25, 201, the G Office did not notify the victim of the fact that the vehicle is an accident vehicle and is being repaired by a person in charge of H affiliated agency, the agent of the victim, and did not notify the victim of the fact that the vehicle is in repair, at the G Office, the victim's agent, and made a false statement that it would repay the principal and interest of the used vehicle by equal repayment for 36 months when the loan is made. Accordingly, it received 48,980,000 won from the victim as the purchase fund of the used vehicle from the victim to the one bank in its own name.

2. On November 22, 2011, Defendant B, on November 22, 201, is himself/herself at the Seo-gu Daejeon District Court building around November 22, 201.

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