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(영문) 인천지방법원 부천지원 2016.10.20 2016고단2107
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant was given a loan to a motor vehicle under the name of the Defendant without having to repay his/her debt with D and, without having to repay his/her debt, sold the vehicle immediately after the delivery of the loan, and the Defendant conspired to acquire money by means of not repaying the loan by filing a petition for bankruptcy.

On March 31, 2014, the Defendant gave D a certificate of the personal seal impression, resident registration, etc. of the Defendant necessary for the loan of automobile installment, and D around that time, purchased the rocketing vehicle at the office of the office of the Young-gun E-gun, Gangwon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Office of Business Suspension of Hyundai Capital Co., Ltd.), and if the Defendant borrowed 28,880,000 won out of the purchase price of the above vehicle from the victim to the 48-month employee, the Defendant would have the said employee faithfully repaid the 28,880,000 won out of the purchase price of the above vehicle, and it would have the said employee loaned the above 28,880,000 won to the said victim on the same day as the purchase price of the vehicle.

Accordingly, the defendant conspireds with D to obtain 28 million won from the victim.

2. The Defendant: (a) conspireds to obtain loans from financial institutions based on a false lease agreement, certificate of employment, etc. using a lease contract made with D and false content; (b) D connects the recruitment of loan holders and the recruitment of house owners with the recruitment of loan holders, and provides guidance on loan method to loan holders, etc.; and (c) the Defendant, using a false lease agreement and a certificate of employment, took charge of the role of the name of loan holder who applied for the loan.

Accordingly, D took over an enterprise which has no substance of business such as G and H under the name of another person, and prepared a false certificate of employment and a tax withholding receipt for wage and salary income as the defendant works in the above enterprise.

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