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(영문) 의정부지방법원 고양지원 2015.10.29 2014고단1413 (1)
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C is the representative of corporation E, a corporation located in P(A) Dong Dong Dongdong-dong, Busan Metropolitan City, and the defendant is the business member of the car G agency in Kimpo-si, Kimpo-si.

C as the funds of KRW 100 million are needed in E, the company acquired an installment loan from the capital company and purchased the vehicle, sold the vehicle with an intermediate loan to lend the fund by selling it. The defendant purchased the vehicle under the name of the capital company E with an installment loan from the capital company, and requested the capital company to immediately sell the vehicle and deliver the sales proceeds after immediately selling the vehicle with an intermediate loan without making a registration of the establishment of a mortgage to the capital company. The defendant agreed to do so, and the defendant and C conspired to acquire the money for the vehicle.

Around November 28, 2013, the Defendant and C made a false statement to the employees of the victim non-SP Capital Co., Ltd. and the victim IF Capital Co., Ltd. to the effect that “I would make a purchase of ten parts of a reproduced passenger car as the need for a passenger car in the Co., Ltd. E, and would make an installment payment of the premium to the effect that “I would make an installment payment of the premium without mold and make a registration for the establishment of a collateral for a passenger car.”

However, in fact, E did not require any car, and as such, it was intended to acquire the sales proceeds by selling it immediately without completing the registration of establishment of a neighboring car in the capital company. Therefore, E did not have any intention or ability to make a registration of establishment of a neighboring mortgage or to pay installments for the said car.

On the same day, the defendant and C had the victim non-Ssc Capital Co., Ltd. pay 30 million won as the purchase price for vehicles, and the victim scam capital Co., Ltd. pay 70 million won as the same name to the car company, thereby acquiring property profits equivalent to the same amount.

Accordingly, the Defendant and C.

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