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(영문) 서울중앙지방법원 2017.03.29 2016고정4433
사기
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a loan counselor working in Nonghyup Capital, and public prosecution other than public prosecution B is a person who operates a loan broker, and public prosecution other than public prosecution C is a loan client.

Defendant

around August 2013, A requested C to grant a loan of KRW 3,00,000 from C, but it was impossible to grant a loan in a normal way due to low credit rating of C, A purchased a vehicle from a lending company with an automobile installment loan, and then notified B of the so-called "road loan," which received a loan from the lending company, and introduced B to arrange it. B explained C the lending method, procedure, etc., and searched the lending company through Internet search, and introduced C and B to obtain a loan.

C In accordance with the above public offering on September 3, 2013, it was used on the 3rd day of Ma-ro 415 U.S. Ma-ro 102, Young-gu, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, 102, and prepared an application for an erroneous debate as if it would normally operate a vehicle and pay the installments of the vehicle, and applied for KRW 13.2 million to the victim Arith Capital Co., Ltd.

However, in fact C had the intention to pay the above loan to the person who suffered from the above damage to purchase the vehicle by means of the installment loan, and it was thought that the person who was named in the name of Mapo will be responsible for the above vehicle as security and to receive the loan of 3 million won, and there was no intention or ability to pay the loan.

Accordingly, the defendant, in collusion with C and B, deceiving the victim and obtained 13.2 million won as a loan from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, C, or B by the prosecution;

1. Statement of the complaint filed and the police statement filed against E;

1. For perusal of the original register of motor vehicle registration, application for debate, peremptory notice to exercise of right to collateral security of motor vehicle, copy of certificate of transfer of motor vehicle and application of Acts and subordinate statutes (D);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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