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(영문) 대구지방법원 2014.11.06 2014고단4711

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 20, 2012, the Defendant made a false statement to the effect that “The Defendant would make payment for 36 months in 915,329 won each month when he/she borrowed 24 million won as the purchase price for used cars” to an employee in the name of the victim Non-Wek Capital Co., Ltd., Ltd. in the name of the victim in the French land.”

However, in fact, the Defendant purchased used cars with loans from the victim and sold them to others, and had no intention or ability to repay the loans every month, among those having no specific property at the time.

Nevertheless, as above, the defendant deceivings employees in the above name and acquired 24 million won on the same day.

2. On April 23, 2012, the Defendant: (a) purchased G car truck in the name of the Defendant at a temporary place, 24 million won; (b) borrowed KRW 24 million from the victim Non-Nour Capital Co., Ltd.; and (c) on April 23, 2012, the Defendant completed the registration of the creation of collateral mortgage for the said car truck in the name of the mortgagee, but was immediately transferred KRW 6 million to the non-resident and disposed of the said car truck, thereby making it impossible to recover it.

Accordingly, the defendant concealed the objects of the victim's right and interfered with the exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. An application for loan;

1. Application of the register of automobiles statutes

1. Article 347 (1) and Article 323 of the Criminal Act applicable to the crime;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is up to 24 million won, the fact that the acquired money in this case is disposed of after the loan, the fact that the damage was not recovered, the fact that there was a record of being punished twice by a fine due to the same kind of crime, and the fact that the defendant is divided and reflected by mistake.