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(영문) 서울서부지방법원 2013.05.23 2011고정2515
사기방조
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is an elderly person with no certain occupation.

The Defendant, even though he was well aware of the fact that he had no intention or ability to repay the loan even if he was given a loan to the vehicle purchase fund in the name of the Defendant, he lent his name to the said Crd Director.

On July 28, 2010, in purchasing DK7 car in the name of the defendant from Hyundai Capital Co., Ltd., Ltd., the victim Hyundai Capital Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-do, 15-21, the head of division entered into a contract for the loan of the purchase fund to pay 27,60,000 won to the victim company for 36 months after receiving the loan from the victim company.

However, the head of C division, however, did not have the intent or ability to repay the loan even if he/she received the above loan in the name of the defendant, since he/she purchased the vehicle with the vehicle purchase fund and did not repay it to another place.

C The head of the division, as above, obtained a loan of KRW 27,600,000 from the victim company in the name of the defendant, and thereby, acquired financial benefits equivalent to the same amount due to the failure to repay the loan.

Accordingly, the defendant assisted the fraud of the director of C by facilitating the acquisition of the above property benefits through the nominal lending.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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