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(영문) 서울북부지방법원 2018.06.21 2018고단1150
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 27, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Busan District Court, and the judgment became final and conclusive on July 25, 2014.

2. Under the facts of the crime, Defendant C, a person operating Changwon-si Ma, Changwon-si D Co., Ltd., and applied for a loan of the purchase price of used buses in a credit card company for the purchase of used buses on or around November 2011, knew that Defendant C would pay a loan without taking measures, such as immediately remitting the loan to the seller or confirming whether the used buses were purchased using the actual loan, and, in order to pay the debt of the vehicle installments, he received a loan under the name of the purchase of the used bus and used it for the repayment of the existing debts, etc. with the loan.

However, at the time, Defendant C was aware of the fact that it is difficult to obtain a loan due to the lack of good credit standing, and he was aware of the Defendant G and the Defendant through F in the name of a third party to be seated as a representative director.

Defendant G was aware of the fact that Defendant C would actually purchase only two used loans under the pretext of purchasing three used buses. However, for the purpose of punishing service fees, etc. for bus transaction fees, etc., the representative director E is recommended to be the Defendant, who was attending a usual meeting so that Defendant C may obtain a loan under the pretext of purchasing used buses, and preparing documents such as the three registration certificate of used buses and vehicle photographs necessary for the loan, and deliver them to Defendant C on the commercial basis, and the Defendant was registered as the representative director even though he did not think of the actual operation of the said company.

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