beta
(영문) 대구지방법원 서부지원 2016.04.01 2015고단1409

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 31, 2014, the Defendant: (a) purchased an EM5 car at the point of Samsung F&D located in the Gandong-gun, Hamdong-gun, Gandong-gun on March 31, 2014; and (b) borrowed KRW 24.7 million to repay KRW 483,2.4 million each month over the limit of 60 months.

“Along with the installment financing and loan agreement to the effect that “the victim Alhy submitted to Korea Co., Ltd. a written social service agreement.”

However, the Defendant did not have certain income or property at the time, and had the intention to transfer the said vehicle to F with the “F” term in order to repay a part of the borrowed money without the intention to operate the said vehicle from the beginning. Therefore, even if the said money was borrowed from the injured party, there was no intention or ability to repay the money.

The Defendant, by deceiving the victim as such, was given 24.7 million won as a loan from the victim.

2. The Defendant: (a) obtained a loan of KRW 24.7 million from the injured party as described in the preceding paragraph; and (b) around April 7, 2014, the Defendant created a mortgage on the said motor vehicle as a mortgagee, and (c) made a loan of KRW 12.4 million as a secured claim.

On April 2014, the Defendant: (a) ordered F to remove and bring the said car, which was the object of the victim’s mortgage, at the Hano Samsung F&D point as indicated in the preceding port; and (b) concealed the said car by making it unclear the location of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the other party to the vehicle seller);

1. Requesting cooperation in investigation (the original register of motor vehicle registration);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes, the punishment has not been imposed, but is not yet criminal records other than criminal records or fines, and crimes are committed.