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(영문) 서울동부지방법원 2017.07.19 2016고단3228
사기
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Criminal facts

[Criminal record] On November 20, 201, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court and two years of suspended execution, and the judgment was finalized on November 28, 2012.

The term “secondhand loan”, which is implemented by the victim’s modern capital installment financing company (hereinafter “victim company”), is a loan method under which a person who intends to obtain a loan under the pretext of the purchase of used cars, submitted the relevant automobile-related documents, etc., and subsequently, a loan is made on the condition that a person who intends to obtain a loan will borrow an amount equivalent to the purchase amount of used cars and set up a mortgage on the purchased used cars.

The Defendant is a person who works as a person in charge of loans in Seongdong-gu Seoul Metropolitan Government (State) CE and is engaged in the loan business in the form of “middle loan”, and F is a person who is engaged in the business of receiving documents necessary for loans from persons who wish to borrow used cars and submit them to E and receiving a certain amount of fees from E on the condition that the loans are implemented.

In collusion with F, the Defendant used that a loan was made prior to the purchase of used cars as above, and in fact, the Defendant purchased used cars from the victim company and did not have the intent or ability to establish a collateral on the used cars with the victim company. However, G and H solicited the persons who will borrow the name under the pretext of obtaining a loan for used cars, and submitted documents necessary for an installment loan from the lender to the F, and the Defendant intended to receive a loan for used cars from the victim company by submitting it to the victim company.

around March 16, 2011, the Defendant G and H through F at the Seongdong-gu Seoul Metropolitan Government Office (State E) E in Seongdong-gu.

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