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(영문) 수원지방법원 2015.02.11 2014고단3844
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On or around June 3, 2013, fraud means that “the Defendant may make a secondhand loan with a secondhand loan in four names.” The Defendant and C, with its consent, agreed to purchase the thirdhand car at KRW 8,80,000,000 as if the said car was a normal vehicle, and 8,80,000,000,000 won was loaned to the said F to the Defendant and C to have the remainder of KRW 8,90,000,000,000,000,000 won were to be divided into the Defendant and C and applied for the secondhand loan with the purchase of the said car.

The Defendant and C around June 7, 2013, at the above E-Vehicle trading company, the car of the above C-WC is a normal and solid car, and it is the same as if it were to purchase and use the above car, and even if it was given a loan of KRW 17 million, it would be possible to repay it normally.

However, the Defendant had borne approximately KRW 10 million loans by purchasing a non-party-a-car car prior to the purchase of the above car, and the monthly income is merely KRW 1.5 million, and even if purchasing a car through an installment loan, it did not have the intent and ability to pay the above installment loan normally. C did not have any particular income and occupation and did not have any intention or ability to pay the above loan in lieu of the above loan. The above car was not a car that can be operated normally as a non-party-a-car.

Nevertheless, the Defendant and C shall prepare and submit an application for vehicle loan, which stated as if the said car was a normal car, to G, who is a business employee of the Hyundai Capital Co., Ltd., and it shall be paid KRW 17 million from the victim Hyundai Capital Co., Ltd., i.e., loaning KRW 17 million, and the Defendant and C shall do so to F.m. F.

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