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(영문) 서울서부지방법원 2016.07.20 2013고단3213 (1)
사기
Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2013 Highest 3213"

1. The Defendant and G jointly committed the crime of Defendant and G are to pay 6,079,300 won monthly rent for 48 months each month if the Plaintiff and G were to lease an employee who could not know the names of the Victim Dog Capital Co., Ltd. at the “I” office located in the former Kim Jong-si, Kim Jong-si on June 28, 2012, with the re-scheduled in an amount equivalent to KRW 143,225,000, and the amount equivalent to KRW 83,725,000, and the amount equivalent to KRW 83,725,000.

A false statement was made.

However, in fact, since the business chain, which was operated at the time, failed to meet the business funds of J, a third party, was trying to leave the leased automobiles as security and to lend funds to a third party, and since the agreed lease fees were paid only for two months, there was no intent and ability to pay the lease fees every month for 48 months.

Defendant

In addition, G, as such, by deceiving the victim as such, received one set of passenger cars from the injured party, respectively, as re-established in an amount equivalent to KRW 143,225,00 of the market price on June 29, 2012, which is equivalent to KRW 83,725,00 of the market price, and KRW 83,725,00 of the market price.

As a result, the defendant and G were given two automobiles of 267 million won in total by deceiving the victim jointly.

2. The sole criminal defendant is a substantial representative of the J Co., Ltd., and the victim G is a person who lends the name of the representative to the J Co., Ltd.

On December 1, 2011, the Defendant borrowed the name of the representative from the J Co., Ltd. to the victim at an irregular place on December 1, 2011, and pays KRW 3 million per month, and the Defendant bears all the responsibility for the obligation arising from the business of the company.

The term "" refers to the following.

However, even if the defendant borrowed the name of the representative, he did not have the intention or ability to pay 3 million won per month for the obligations arising from the business of the company.

A. On June 2012, the Defendant: (a) stated the victim as a joint guarantor for the foregoing installment obligation under the circumstance that the Defendant had a debt of 15,500,000 won for the high typon vehicle owned by J Co., Ltd. (hereinafter referred to as “J”) around 2012.

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