beta
(영문) 부산지방법원 2017.02.09 2016고단1395

사기

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant of "2016 Highest 1395" is a person who operated a private teaching institute enterprise under the trade name of "(State)F in Busan Shipping Daegu E, and G is a ship after helping the defendant work.

In the process of criminal appeal and civil litigation due to fraud, the Defendant: (a) purchased a motor vehicle normally with the deficient terminationr G to pay the incidental loan to the Defendant; (b) purchased the motor vehicle through a debate loan by a financial institution; and (c) offered the said motor vehicle as security to the bonds immediately, and offered the bonds to the bond company; and (d) offered the remainder by appropriating the legal costs and the existing debt repayment.

On March 27, 2013, the Defendant and G made a false statement to the effect that the office of the State Capital, a company (ju) located in Seo-gu, Seo-gu, Daejeon, would repay the loan normally to the employee in charge of loan in order to have the loan extended at the meeting of the debate. The Defendant and G made an erroneous loan agreement on the loan of KRW 99,00,000 from F to the purchase fund of the 11.6% of the loan interest rate, with the installment loan of KRW 99,00,000,000 as the loan of KRW 11.6% of the loan interest rate, and as security, the said vehicle will establish a collateral security in the future of the State Capital.

However, in fact, the defendant and G provided the above vehicle to the bond company with the status of excess of assets or profits without any intention or ability to repay the above loan, and did not have the intent or ability to pay the above loan. As such, the defendant and G did not have any intent or ability to preserve the collateral security of the damaged company by transferring the above vehicle to the bond company.

The defendant and G, as above, deceiving the employees in charge of loans of the victimized company and were given KRW 90 million as loans from the above officials in charge on the same day.