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(영문) 서울서부지방법원 2018.11.28 2018고단1167
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.

Reasons

Punishment of the crime

On September 2016, the Defendant received a proposal from C and D that “When intending to lend cash by purchasing and disposing of a vehicle with a loan, she shall lend the name of the purchaser of the vehicle, and shall pay 3 million won in return for the issuance of a certificate of seal impression necessary for the disposal of the vehicle, and shall pay 3 million won in return.”

On September 20, 2016, the Defendant purchased Eystren vehicles from the “Imren East Dong-dong Incheon Branch” located in 24, Dong-gu, Incheon, Dong-dong, Incheon, and concluded a loan agreement with the Defendant, stating that “The principal amount of the loan is KRW 17,00,000, the period of KRW 36 months, the monthly payment amount is KRW 508,742.”

However, in fact, when the Defendant received a loan as above and paid the money as the vehicle price, he did not think that he would dispose of the vehicle by directly transferring the above vehicle to C and D, but did not think that he would actually operate the vehicle. There was no special property or certain income at the time, and there was no intention and ability to pay the above principal normally.

As such, on September 27, 2017, the Defendant, by deceiving a person in charge of loans from the victim company, had the victim company transfer the amount of KRW 17,00,000 to the corporate account of the motor vehicle company of the motor vehicle company of the motor vehicle of the same string as the purchase price of the motor vehicle of the same strings, and exempted the victim from paying the amount equivalent to

Accordingly, the defendant, in collusion with D and C, has acquired pecuniary benefits by deceiving the victim company.

Summary of Evidence

1. Statement made by the police with regard to F;

1. Electronic data on details of loans, standard terms and conditions of credit transactions with credit financial companies, and inquiry into repayment;

1. The original register of vehicle registration [The evidence reveals that the Defendant lent the name of the purchaser of a vehicle to C and D; that the victim Hyundai Capital Co., Ltd. and the Defendant entered into a loan agreement on the said rocketing vehicle; that the Defendant was KRW 2 million on September 28, 2016; and that KRW 2 million on September 29, 2016.

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