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(영문) 부산지방법원 2018.09.05 2018고단2285
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to one year of imprisonment for fraud at the Busan District Court on November 21, 2014, and the judgment became final and conclusive on January 16, 2015. On September 11, 2015, Defendant B was sentenced to two years of imprisonment for fraud at the Busan District Court on December 11, 2015, and the judgment became final and conclusive on December 11, 2015. Defendant C was sentenced to two years of suspension of execution for eight months of imprisonment for fraud at the Busan District Court on April 9, 2015 and became final and conclusive on November 20, 2015.

[2] Defendant A demanded a sudden transfer and demanded Defendant B to obtain a loan from the branch. Defendant B can obtain a loan from Defendant A by purchasing an imported vehicle with an installment loan and transferring it to the substitute.

Defendant C, after ascertaining whether it is possible to lend an installment loan under Defendant C’s name, Defendant C is able to provide financing by the foregoing method.

Defendant C had known that, through Defendant B, the documents necessary for the installment loan in Defendant A’s name were dryed and purchased an imported vehicle with installment loan in Defendant A’s name and then transferred the imported vehicle to the large vehicle.

Accordingly, on October 2012, Defendant A transferred the relevant documents, such as a certificate of seal imprint necessary for a loan agreement, to Defendant B, and Defendant B transferred the relevant documents, such as a certificate of seal imprint under the name of Defendant A, to Defendant C, and requested financing.

Defendant

C On November 2, 2012, around Busan, entered into an application form for a vehicle register in the name of Defendant A in a non-place (hereinafter referred to as "non-place") and entered into an installment loan agreement with the victim Hyundai Capital Co., Ltd. and a loan of KRW 5,500,000 each month on the condition that they pay each of KRW 1,282,00 for 60 months.

However, in fact, Defendant A was liable for the credit card payment amounting to KRW 10 million at the time, and Defendant A did not have any special property or occupation, and thus, Defendant A extended an installment loan from the victim.

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