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(영문) 대전지방법원 공주지원 2016.12.20 2016고정95

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to two years of imprisonment with prison labor at the Jeonju District Court for fraud, etc. and the judgment became final and conclusive on May 31, 2016.

The Defendant: (a) in collusion with B and persons with poor names (sales business operators) and registered the business operator “C” in the name of B; (b) obtained a loan from the victim Eth Capital Co., Ltd. using the said business registration certificate, B’s driver’s license, and a certificate of personal seal impression; and (c) purchased the vehicle, and offered that the vehicle will be sold to the large vehicle and not be repaid the lease price.

On October 24, 2012, the Defendant, B, and Non-registered Boxes entered into a lease agreement on the condition that the Defendant and B will pay KRW 1,975,858 for the first month to the Defendant and KRW 1,643,924 for the remaining month, while the Defendant and B will transfer the “C” business registration certificate, driver’s license, and certificate of personal seal impression under the name of “C” to the bearers of B, and the non-registered boxes will receive KRW 89,309,031 from the Defendant and then receive KRW 89,309,031 from the Defendant and then receive KRW 1,975,858 for the first month and the remaining month to pay KRW 1,643,924 for the remaining month.

However, the facts are that the defendant, B, and the under-name winners did not have any intention or ability to pay the above loan amount to the victim company because they had been planning to sell the above benz vehicle with the benz vehicle.

Nevertheless, the defendants, B, and those in false name had been delivered KRW 89,309,031 to the victim for the lease price of the vehicle by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A complaint, an additional statement;

1. Each investigation report (to attach a written statement of the person in need of reference, and to telephone conversations with the person in charge of filing a complaint, telephone conversations, witness E, F telephone conversations, mandatory insurance inquiry, submission of a written statement by the person in charge of reference, telephone conversations with the person in charge of filing a complaint, and additional statements);

1. The register of automobiles and the Bank of Bonds.