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(영문) 부산지방법원 동부지원 2016.09.28 2016고단10

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

1. On November 28, 2014, the Defendant entered into a contract for installment financing loans with the employees belonging to the victim AD Savings Bank to purchase B rocketing and other automobiles, stating “13,200,000, annual loan interest rate of 18.9%, and 36 months during the loan period.”

However, the Defendant was in a situation where he was unable to obtain a loan from the financial rights without any particular property or income at the time, and the Defendant was to use the money that he received from the injured party for the payment of living expenses and the lease fees for the motor vehicle that was currently in possession of at the time, so there was no intention or ability to repay the money even if he was given a loan from the injured party.

The Defendant received 13,200,000 won from the injured party on the same day.

2. On November 28, 2014, the Defendant, who interfered with the exercise of rights, set up a right to collateral on the Victim EF Savings Bank with the amount of KRW 13,200,000 as stated in the preceding paragraph as collateral against B rocketing car owned by the Defendant.

On March 2015, the Defendant: (a) borrowed KRW 2,500,00 from his name in front of the Gungsung-dong, Busan National University, which became aware of through the Internet search; and (b) made it unclear whether the location of the said car was the object of the victim’s right to collateral security, thereby hindering the victim’s exercise of right by concealing the said car, which became the object of the victim’s right to collateral security.

Summary of Evidence

1. Each protocol concerning the examination of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a complaint, a copy of an application for debate and a copy of an agreement, a ledger of motor vehicle registration, a ledger of general funds loans, inquiry into deposits, inquiry into details of transactions, inquiry into repayment, and notification of expected loss of time limit;

1. Article 347 of the Criminal Code applicable to the crime and Article 347 of the choice of punishment (the point of fraud) of the Criminal Code.