beta
(영문) 인천지방법원 부천지원 2013.07.24 2013고단798

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 3, 2012, the Defendant purchased a set of two car C sales stores in Seodaemun-gu Seoul, Seodaemun-gu, for Co., Ltd., the Defendant borrowed from the victim Aju Capital Co., Ltd. a loan of KRW 22,300,000 (67,390,36 months in installments each month) as security for the said car.

However, the Defendant had no particular revenue or property at the time and had no ability to repay the principal and interest as stated in the terms of the contract, and the said vehicle offered as security was intended to immediately transfer it to another lender by a 's 's 's 's 's 's----------------------------

Nevertheless, the Defendant, as if he were to pay the principal and interest at time, was accused of the victim and was given KRW 22,300,000 as a loan by the victim.

2. Around April 3, 2012, the Defendant took out a loan of KRW 22,300,000 from the victim Aju Capital Co., Ltd. for a passenger car as the price for the car, as set forth in the above Section 1, and offered a right to collateral security on the Dcopi sport car purchased as the collateral.

Nevertheless, the Defendant arbitrarily transferred and concealed the said car that became the object of collateral security to a borrower on the same day, thereby hindering the exercise of the right by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the register of automobiles, detailed statement of loans, copy of loan application, and copy of certificate of employment;

1. Relevant Article 347(1) and Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The person commits an intentional or planned act of exercising the right of fraud by using false credit data, such as a certificate of employment forged in Article 62 (1) of the Criminal Act, and the total amount of damage;