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(영문) 의정부지방법원 고양지원 2016.10.13 2016고단2079
사기
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2] On July 1, 2016, Defendant B was sentenced to imprisonment with prison labor for six months and two years of suspension of execution for a crime of fraud in Gyeyang Branch of the Jung-gu District Court on March 1, 2016, and the said judgment became final and conclusive on July 9, 2016, and on April 1, 2016, the said judgment became final and conclusive on September 9, 2016 by having been sentenced to imprisonment with prison labor for six months in the same court.

【Criminal Facts】

1. The Defendants’ co-principals, together with D, purchased a heavy loan from a financial institution even though they did not have the intent or ability to repay the loan, and Defendant A introduced a heavy loan suitable for Defendant B’s loan through the introduction of Defendant B, and offered to divide the money by taking over the vehicle acquired in the name of Defendant B from Defendant B, and selling it as the so-called “large-type vehicle.”

Defendant

B according to the above public offering, around March 17, 2014, applied for a loan of KRW 2,350,000 to purchase the first vehicle for the second class E in its name to the social company of the victim's Republic of Korea.

However, in fact, Defendant B did not have the intent or ability to repay installment loans, and even if Defendant B obtained installment loans from the victim and purchased the said automobiles, it was thought that Defendant B immediately sold the said automobiles to the so-called “Spool” without the intent to operate it.

The Defendants conspired with D to induce the victim as above and received KRW 23.5 million from the victim on the same day.

2. Defendant A’s crime;

A. The Defendant jointly committed a crime with F and G, with awareness of the absence of F and G intent or ability to repay a loan by F and F, F had F obtain a installment loan from a financial institution, and sold the vehicle to the so-called “large-type vehicle” after immediately transferring the vehicle from F to the so-called “large-type vehicle,” and conspired to divide the sales proceeds.

The crime F against the victim Hyundai Capital Co., Ltd. is committed in the above conspiracy.

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