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(영문) 서울북부지방법원 2015.01.30 2014고단4355
사기등
Text

Defendants shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 3 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ joint crime G is a vehicle lease-related Guide, Defendant A is a person who operated the company I in Dongdaemun-gu Seoul Metropolitan Government Htel 1603 and the company K in Yongsan-gu Seoul Yongsan-gu J, and Defendant B is a middle and high-speed dealer.

Defendant

A operated the said I and K companies, and due to the difficulties of the company, the bank interest was in arrears and thus, the employees of the company were also in need of cash urgency. Defendant B and G concluded a lease contract on the external vehicle in the name of the said stock company with knowledge that Defendant A had no intent or ability to pay the rent, even if they acquired the external vehicle in the name of the said stock company, and agreed to sell the loan to another person by using the external vehicle in installments without transferring its name.

On January 27, 2014, the Defendants made a false statement with G that “A would purchase AD 8 under the name of K operated by A and pay rent of KRW 4,719,000 per month for 60 months to the employees on the victim’s name in the coffee shop where the trade name located in Dongdaemun-gu Seoul Metropolitan Government head-dong cannot be known.”

However, in fact, Defendant A operated the above corporation, and due to the difficulties in the company’s situation, the outstanding amount is occurring in the customer. Since the bank interest was in arrears and the employees of the company were in need of cash rapidly, even if acquiring the external vehicle, there was no intention or ability to normally operate it or pay the lease fee. Defendant B and G knew of such circumstances.

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