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(영문) 대전지방법원 2018.02.19 2017고단4554
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

On November 15, 2017, A was sentenced to two years of imprisonment with prison labor for a term of six months at the Daejeon District Court, and the judgment was finalized on November 23, 2017. On June 16, 2017, Defendant B was sentenced to two years and two months of imprisonment with prison labor at the Daejeon District Court on June 16, 2017, and the judgment became final and conclusive on June 24, 2017.

Defendant

A received a loan from Defendant B who was introduced through E in the name of Defendant B, from the recipient of the loan from Defendant B to purchase the vehicle, and then received a proposal to sell it to others and receive money.

Accordingly, around March 18, 2014, the Defendants entered into an installment loan agreement with the victim company and the company of Hyundai Capital Co., Ltd. to provide that “The Defendant shall set up a collateral security right of KRW 25 million on the said vehicle and receive a loan of KRW 35,80,000 from the said vehicle for 48 months” in the name of the victim company A as if the Defendant had lent the purchase price for the vehicle to the employees of Hyundai Capital Co., Ltd. who suffered damage when purchasing the H in the name of the Defendant Company A and paying the purchase price for the vehicle normally.

However, in fact, even if the Defendants received a loan from the victim company and purchased the vehicle, they merely intended to sell it to others, and they did not have the intent or ability to pay the installments of Defendant A or Defendant B normally.

The Defendants conspired to induce the employees of the victim company as above, and caused the employees of the victim company to pay KRW 35.8 million on the same day to Hyundai Motor, thereby obtaining property benefits equivalent to the same amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. A supplementary statement of the I;

1. A petition and a power of attorney;

1. Investigation report (Attachment to a vehicle receipt certificate, etc.) - Vehicle receipt certificate;

1. A motor vehicle trade contract;

1. Electronic data on particulars of bonds, counseling table and external review information, application form for the next loan of modern Capital, notice of assignment of claims, and notice of assignment of claims;

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