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(영문) 부산지방법원 2013.12.05 2013고단14
사기
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B On December 2, 2011, the Busan District Court sentenced four months of imprisonment and two months of imprisonment for aiding and abetting the Violation of Specialized Credit Financial Business Act at the Busan District Court, respectively, and the above judgment became final and conclusive on the 10th of the same month.

Defendant

A requested Defendant B to grant a loan, but it was not possible to receive a loan normally due to Defendant A’s bad credit standing.

After the Defendants purchased a used motor vehicle under the name of A, and transferred it to the intermediary, the Defendants conspired to acquire the above used motor vehicle by receiving the amount of half of the consideration received by disposing of the used motor vehicle as the substitute vehicle.

On March 9, 2010, the Defendants: (a) purchased a MF5 car from F members of the business of “E”, “E”, “Seoul-si D Trading Complex 281, Seocheon-gu, Seocheon-si; and (b) received a loan from the victim Hyundai Capital Co., Ltd., the Defendants applied for a loan as if the Defendant would pay the installment normally.

However, in fact, Defendant A did not have any particular property, and even if the Defendants were to get a loan for the purchase price of a secondhand car and then disposed of it, they did not have the intent or ability to pay an installment even if they were given such loan.

The Defendants were loaned KRW 21.6 million from the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendant B’s legal statement

1. Each prosecutor's protocol of examination of the defendant B;

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning G;

1. A complaint;

1. A copy of a loan contract, motor vehicle register, details of deposits, claim list, loan review table, certificate of personal seal impression, business operator registration certificate, head of Tong, certified copy of resident registration certificate, and certified copy

1. A report on investigation (the phone call, etc. of the staff member of the freeboard Capital);

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the fixed date of judgment, etc.);

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