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(영문) 서울서부지방법원 2014.10.15 2013고단3447
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition to C, the Defendant, along with the name of the Defendant, went off a person to whom the Defendant would lend the name of the vehicle, and C received the installment financing loan from the said nominal lender as the obligor through D, etc., and intended to purchase the used cars, and to use the used cars through E to make profits from the sale of the large-lanes, and the Defendant conspiredd with D, E, etc. in sequence, as above.

On November 2010, the Defendant: (a) had F obtain an approval from F, “F, by obtaining installment financing loans in the name of F, pay the purchase price for the automobile from the loan; (b) had the name of the automobile be exported to a foreign country after transferring the name of the automobile to the name of the juristic person for a period from one week to one month; (c) had F, F, and F, and F, and F, at the Daejeon Seo-gu G Used Car Sales Center, Daejeon, as well as F, and F, applied for installment financing loans for the automobile-free car in HHHE car to the victim Hyundai Capital Co., Ltd., as the F actually purchased the vehicle and repaid a normal installment loan.

However, the fact that F is only limited to the nominal lender, and the actual purchaser of the vehicle did not intend to pay installment payments normally, and this case is not subject to installment financing, and the defendant was planning to sell the above vehicle through C, etc. immediately after the loan was executed so that the victim can lose his/her security right.

Nevertheless, the Defendant, in collusion with C, by deceiving the victim as above, received 41,50,000 won from the victim via D around November 17, 2010.

【Inasmuch as the Defendant is found guilty of fraud against the Defendant Hyundai Capital Co., Ltd., the gist of evidence is not to be determined separately as to the fraud against the Defendant F.

1. Part of the defendant;

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