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(영문) 서울중앙지방법원 2015.12.29 2015고단310
사기
Text

Defendant

A and D Imprisonment for eight months, Defendant B's imprisonment for six months, and Defendant C for a fine of two thousand won, respectively.

Reasons

Punishment of the crime

Defendant

B On November 29, 2013, the Seoul Central District Court sentenced two years of suspended sentence to one year of imprisonment by fraud, etc. on January 31, 2015, which became final and conclusive on January 31, 2015, and Defendant D was sentenced to three years and six months of imprisonment by Seoul High Court for violating the Attorney-at-Law Act, etc. on January 23, 2015, and the judgment became final and conclusive on April 29, 2015.

1. Joint criminal conduct by Defendant D, Defendant B, and Defendant A

A. On December 2, 2012, Defendant D and Defendant B, a fraud type system related to benz automobiles, issued a false certificate of borrowing under the name of Defendant B, certificate of personal seal impression, certificate of vehicle abandonment for JWz automobiles, certificate of vehicle operation, and certificate of used cars sales contract to Defendant A. Defendant A around December 18, 2012, issued the victim L(43 years of age) at the Seo-gu Office Office Underground Parking Lot in Daejeon-gu Daejeon, Daejeon-gu, Seoul, stating that “The owner of benz vehicle will pay KRW 33,00,000 to B by January 5, 2013, if the owner of benz vehicle borrowed the above vehicle as security, and thereafter issued the above benz vehicle and certificate of loan.”

However, if Defendant D and Defendant B did not prepare for the party agreement on the loan fraud case at the time of borrowing KRW 60 million, they should be bound. The same applies to the case where Defendant B and Defendant B borrowed money from the actual operator of the said state and promised to pay and collect money within 2-3 days from using the said vehicle, and they did not own a vehicle owned by Defendant B, and therefore did not have the value as a collateral, and Defendant B did not have any ability to repay the loan money.

Nevertheless, the Defendants conspired, as seen above, to deception the victim, and then acquired 33 million won from the victim’s new bank account in the name of Defendant B to the new bank account in the same day.

B. On January 2013, 2013, Defendant D was unable to obtain a certificate of personal seal impression from Defendant B as he/she did so. As such, Defendant D borrowed money from the victim.

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