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(영문) 대전지방법원 서산지원 2015.04.30 2015고단91
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2014, the Defendant was sentenced to a suspended sentence of two years on July 12, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Western District Court (abstinence).

【Criminal Facts】

The defendant listens to the statement that he can lend funds from a person who works for an irregular vehicle trading company in Gangseo-gu Seoul Metropolitan Government through a vehicle installment loan. The defendant conspireds to acquire loans from the victim company for the purpose of purchasing the vehicle by deceiving the victim company as if he can repay the principal and interest normally by selling the vehicle, rather than by operating the vehicle with the above person who is not the beneficiary of the name but by selling the vehicle.

Around November 7, 2012, the Defendant, along with the person who was named in the name of the victim, agreed to pay 84,386 won per month to the victim company and to not arbitrarily dispose of the purchased vehicle to another person without the consent of the victim company until the full payment of the loan was made, and the victim company paid 30 million won for the above vehicle to the Hyundai Motor Co., Ltd.

However, in fact, the defendant was granted a franchise and was planned to lend a vehicle to a third party by transferring it, and there was no intention or ability to operate the vehicle or pay the installment for the vehicle in a normal way.

Nevertheless, the defendant, in collusion with the person who was not injured in name, had the victim company pay 30 million won for the purchase price of the vehicle by deceiving the victim company as above, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Hyundai Capital Co., Ltd.

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