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(영문) 서울중앙지방법원 2015.01.30 2013고단8279
사기교사
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

Punishment of the crime

1. On October 2012, Defendant A: (a) at the G’s office located in Gangdong-gu Seoul Metropolitan Government Police Officer, Defendant A, while operating the Ha, told Party B of the means to resolve H’s debt by financing the funds; (b) provided that “The vehicle leasing company leases a vehicle to another person; and (c) sold the vehicle to another person at the intermittent value; and (d) sold the vehicle to the third person to repay the company’s debt with the proceeds of the payment thereof; and (c) introduced the vehicle with motor vehicle straw who would arrange the vehicle leasing to B, thereby having the public assigned the vehicle by acquiring the vehicle under the leased title against the vehicle leasing company, and had the public assigned company acquire it in another place to prevent the fraud of financing by disposing of it in another place.

Accordingly, at the H office of Gangnam-gu Seoul Metropolitan Government around October 24, 2012, the above B entered into a false statement to the effect that, even if a vehicle is leased from the victim non-MMbschip Korea Co., Ltd., the fact was immediately sold at the intermittent value and was thought to have repaid the company's obligations with the proceeds of the lease, and even if there was no intention or ability to pay the rent when operating the vehicle normally or to refund the vehicle in arrears, the victim's employees J were to faithfully pay the rent of KRW 1,227,728 per month in the event of the lease of the vehicle, and immediately return the above vehicle at the time of the default of the lease fee, which was delivered from the victim company to the K in the amount of KRW 68 million in the market price on the same day.

Accordingly, the defendant instigated B to commit the crime of fraud.

2. Defendant B, according to the above A’s teachers, at the H office of Gangnam-gu Seoul Metropolitan Government I and 301 around October 24, 2012, and Defendant B, even if he leases a vehicle from the victim Non-MMbsm wave Korea Co., Ltd., the Defendant immediately sold the vehicle at the intermittent value and repaid the company’s debt with the price.

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