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(영문) 광주지방법원 2016.07.13 2015고단4183
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The Defendant is a person who actually operated C (hereinafter referred to as “C”) by high iron processing chain Co., Ltd., and the Defendant’s wife D is a person who was a representative director under the above name of C.

On February 2, 2014, the Defendant: (a) up to KRW 800 million; (b) purchased high-priced leased vehicles in the name of C in the name of C through C, such as C’s loan blacker E, with approximately KRW 400 million loans borrowed from the company’s operating funds; and (c) sold them, and purchased them, and (d) transferred the name of C corporation to a third party on the condition that he/she will take over all of C’s obligations, including the lease debt.

1. On March 3, 2014, the Defendant, at the nearby office of Seocho-gu Seoul Metropolitan Government, did not notify D of the fact that the Defendant would immediately dispose of the vehicle to a third party by leasing the vehicle to a staff member in charge of Dog Capital Co., Ltd., who negotiated by E, at the nearby office of Seocho-gu Seoul, and did so as to continue to operate the vehicle, and concluded a car lease contract with the amounting to KRW 127,636,364 of the market price of the victim, which is the damage owner, with respect to the vehicle of KRW 127,636,64, as the vehicle of KRW 36 months, monthly rent, KRW 3859,60.

Accordingly, the Defendant conspiredd with D, etc., by deceiving the victim as above, concluded a vehicle lease contract with the victim, and acquired the above vehicle by delivery.

2. On March 10, 2014, the Defendant concluded a car lease agreement with D around March 10, 2014, stating that D will immediately dispose of the vehicle by leasing the vehicle to the employee in charge of the victim Kti Capital Co., Ltd., who negotiated by E in the International Gangnam-gu Seoul Metropolitan Government H, and that the vehicle will continue to be operated without notifying that D will dispose of it immediately to a third party. As such, the Defendant would engage in the vehicle as if he/she continued to operate the vehicle, which is equivalent to KRW 150,073,540, the market price of the victim-owned vehicle Ji-do, which is equivalent to KRW 150,073,540.

Accordingly, the Defendant conspireds with D, etc. as above.

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