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(영문) 제주지방법원 2015.03.05 2014고단1795
사기
Text

Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B On December 16, 2014, the judgment was finalized on December 24, 2014.

Defendant

B around July 2013, Defendant A asked Defendant A to “the borrowing of a loan by transferring a vehicle in the name of C (D) under the name of C (D) in which money is required to engage in a high-end sales business at home,” and Defendant A consented not to actually accept a vehicle and pay a normal installment, but to obtain a loan in the financial institution on the premise of formal transfer of name, and then to secure cash by selling the vehicle to others.

Accordingly, at around 15:00 on July 26, 2013, Defendant A loaned KRW 20,000,000 which used to purchase the said car and repaid KRW 11,746,194 each month for 36 months, and the remainder of KRW 8,253,806 from the previous victim’s loan to Defendant B.

However, in fact, the Defendants had no intention or ability to repay the above loans on the ground that Defendant B, as the above public offering was in a state of the obligation of KRW 20 million to G at the time, did not have any intent or ability to sell the above loans.

The Defendants acquired 11,746,194 won from the victim's above-mentioned loans for the purchase name of the second-hand vehicle from the victim to the account in the name of the Defendant B on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Written complaint and accompanying documents of H;

1. Automobile register;

1. Each credit report; 1.1.

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