(영문) 대전지방법원 2020.02.13 2017고단4440

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(영문) 대전지방법원 2020.02.13 2017고단4440

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the said judgment became final and conclusive on November 1, 2017.

【Criminal Facts】

Around July 2016, the Defendant received a proposal from B and name-free persons (two persons, such as “C”, “D, etc.,” hereinafter referred to as “name-free persons”) in the B and name-free persons (hereinafter referred to as “the Defendant”) in the B and Samsung Dong-dong, Daejeon-gu, Daejeon, and agreed to obtain a loan under the name of the Defendant and use it in installments, and then make a payment for a petition for bankruptcy after receiving a loan. The Defendant provided B with a business registration certificate, bank account, and map necessary for committing the crime, and the Defendant conspiredd to take charge of distributing the amount by selling the vehicles purchased from the lending company in the name of the Defendant or by receiving a loan from the Defendant under the name of the Defendant.

1. The Defendant, against the victim “E”, purchased a Fenz car in the name of the Defendant on August 11, 2016 at Fenzndong-dong (hereinafter referred to as “E”), and entered into a loan agreement with the victim E Co., Ltd. on the condition that he/she redeems KRW 34 million in the amount of KRW 706,939 per month during 60 months, and received the said car.

However, the defendants, B, and those who did not know about the repayment of the loan at the time of concluding the loan contract with the victim company, as well as there was no intention or ability to pay the loan normally even if they were to receive the loan from the victim company, and after disposing of the above car and divided the price, the defendant planned to file a petition for bankruptcy.

Accordingly, the defendant, in collusion with B and B, had a person in charge of lending the victim company, and had him borrowed 34 million won from the victim company, and did not repay the loan, thereby acquiring property profits equivalent to the amount of the loan.

2. The Defendant against the victim’s “G Co., Ltd.” is the defrauded B and September 1, 2016.

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