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(영문) 수원지방법원 성남지원 2017.09.13 2016고단2128
사기등
Text

Defendant

A Imprisonment for nine months, and each of the defendants B and C shall be punished by imprisonment for four months.

However, Defendant C.

Reasons

Punishment of the crime

[criminal record] On March 3, 2010, Defendant A was sentenced to a suspended sentence of two years for six months of imprisonment due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Suwon Flag, and the judgment became final and conclusive on the 11th of the same month.

[Criminal facts]

1. The Defendant, in collusion with B and C, intended to borrow money by means of borrowing installments necessary for purchasing cars using a false certificate of employment, etc.

Around June 22, 2009, the Defendant and B and C entered into a sales contract for cars with Hyundai Motor (State) D's employees E's buyer, and filed an application for a loan of KRW 17 million out of the purchase price with B as its obligor at the office of Japanese Capital Co., Ltd., Hyundai Capital Co., Ltd., Ltd. with B as its obligor through the above D.

However, there was no intention or ability to repay the loan normally even if B had no particular occupation at that time and received the necessary loan for the purchase of a motor vehicle under its own name.

Nevertheless, according to the previous text, the Defendant and C shall prepare to B a false certificate of employment to the effect that he is a company member who works normally in this Section (State) in this Section, and answer to the loan examination. B shall, as above, have the company member who purchased a motor vehicle and works normally in this Section (State) and receives the annual salary of KRW 30 million from the funds necessary for the purchase of the motor vehicle, and shall have the above E obtain a loan of KRW 17 million from the funds necessary for the purchase of the motor vehicle to the effect that it would have an intention or ability to pay the full payment normally, even if he receives a loan of KRW 17 million from the funds necessary for the purchase of the motor vehicle, the Defendant and C shall request the above E to grant a loan of KRW 17 million from the purchase price of the above motor vehicle at the fiveth floor of the modern car building of the 110-1,000,000,000 won to the fiveth floor of Goyang-si, Busan Metropolitan City.

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