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(영문) 대전지방법원 2017.06.08 2017고단1066

사기

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2014, the Defendant purchased a G-luminous 2.0 tons click click click click click click click click click click click click click click click click click click click click click 2.0 million won per month. On September 1, 2014, the Defendant decided to succeed to the loan amount of 75 million won on the above vehicle and pay the remainder 12 million won per month. In order to secure the above vehicle cost, the Defendant established a mortgage on the above click click click click click click click click click click

On August 2015, the Defendant called the victim at the (ju) H office located in the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, and received a new loan from the victim as collateral with the mortgage and paid in full KRW 12 million.

“.....”

However, even if the defendant borrowed the above vehicle as collateral, he was thought to use the remaining loans on the above vehicle and the monthly salary to the employees of the defendant's operating company, and there was no intention or ability to pay the vehicle to the victim.

Around July 3, 2015, the Defendant deceiving the victim as above and caused the victim to terminate the mortgage established on the vehicle at the above house around July 3, 2015, thereby obtaining a benefit equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on banking transaction, such as motor vehicle registration certificates, respective forms of motor vehicle transaction, motor vehicle transfer certificates, payment details, each motor vehicle registration ledger, redemption details, investigation reports (to hear statements from the J), bank transaction details, investigation reports (to hear statements from suspects), and banking transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Matters concerning the dismissal of an application for compensation, the promotion of litigation, etc.;