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(영문) 의정부지방법원 고양지원 2015.10.08 2014고단1413
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 1413]

1. The criminal defendant is the representative of E, a corporation located in the Dongdong-dong building No. 701, Dongdong-gu, Manyang-si, Seoul, and F is the business member of H agency of G in Kimpo-si, Kimpo-si.

The Defendant: (a) purchased a vehicle with an installment loan from a capital company; (b) purchased a vehicle by selling the vehicle with an intermediate loan from a capital company; (c) purchased a vehicle under F with an installment loan from a capital company E in the name of the capital company; and (d) requested F to immediately sell the vehicle and deliver the sales proceeds after immediately selling the vehicle with an intermediate loan without completing the registration of establishment of a mortgage to the capital company; and (c) approved F to this, the Defendant and F conspired to acquire the vehicle installment proceeds by fraud.

Around November 28, 2013, the Defendant and F made a false statement to the effect that “The Defendant and F would make installment payments to the employees of the victim non-SP Capital Co., Ltd. and the victim IP Capital Co., Ltd. to purchase ten cars for a set of ten cars for which it is necessary for a passenger car in the Co., Ltd., E, and that “I would make a registration of the establishment of a collateral for a passenger car.”

However, in fact, E did not require any car, and as such, it was intended to acquire the sales proceeds by selling it immediately without completing the registration of establishment of a neighboring car in the capital company. Therefore, E did not have any intention or ability to make a registration of establishment of a neighboring mortgage or to pay installments for the said car.

On the same day, the defendant and F had the victim non-Ssc Capital Co., Ltd. pay 30 million won as the purchase price for vehicles, and the victim scam capital Co., Ltd. pay 70 million won as the same name to the Iscam Co., Ltd. to the Iscam Co., Ltd., thereby acquiring the same amount of monetary benefits.

In this respect.

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