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(영문) 수원지방법원 평택지원 2017.12.06 2017고단1123
사기등
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After purchasing a heavy vehicle through an installment loan with no intent or ability to pay an installment in order to lend money, the Defendants sold the vehicle to a third party without the transfer registration of ownership, and sentenced the third party to acquire the purchase price.

1. On June 9, 2016, the Defendants were to pay KRW 10,00,00 per month to the loan officer affiliated with the Defendant for the purpose of purchasing the F rocketing trucks at the commercial office located in Ansan-si, Seoul-si, Seoul-si, and KRW 358,520 per month between the 36-month period of lending KRW 10,000 to the employees in charge of loaning KRW 10,000 to the victim (hereinafter “victim Company”).

To secure this, the mortgage right will be set up on the vehicle to be purchased.

“.....”

However, in fact, the Defendants did not have the intent or ability to pay the above installment, and they were to dispose of it to the third party immediately upon delivery of the vehicle and to acquire only the purchase price.

As above, the Defendants deceiving the above employees to enter into an installment loan contract under the name of Defendant A, and received KRW 10,000,000 from the victim company, and paid it as the vehicle price to the above trading company.

As a result, the Defendants conspired to acquire 10,000,000 won in money owned by the victim.

2. The Defendants who interfered with the exercise of their rights set up a mortgage on the vehicles to secure the obligation of the victim company at the same time and place as the above paragraph 1, and set up a mortgage on June 10, 2016 on the above vehicles in the value of KRW 5,00,000.

Nevertheless, on June 2016, Defendant B sold the vehicle without the transfer registration to the bearers of the name (one name H) known through “G”, which is a medium and medium-sized trading site, at the location of the new road in Ansan-dong (hereinafter referred to as “Seo-dong”) in order to sell the vehicle without the transfer registration of ownership.

Accordingly, the Defendants conspired to conceal the vehicle which is the object of the rights of the victim company and interfered with the exercise of rights of the victim company.

Summary of Evidence

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