logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.04.14 2015고단1358
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 March 24, 2015, the Defendant entered into an installment loan agreement with the victim through his/her name in order to pay 2,057,485 won for 60 months, by purchasing CMW 760Li car at the office of Korea Co., Ltd., Ltd., and 95,000,000 won.

However, the defendant did not have the intention or ability to pay the installment properly even if he purchased the vehicle at the installment due to the lack of certain income at the time.

As above, the defendant deceivings the above employees in the name of the above, and he obtained 95 million won as a loan from the damaged person and acquired it by deceit.

2. The Defendant: (a) entered into an installment loan agreement as above at the above date, time, place, and set up a collateral security right to the said BMW 760LI car with a claim amounting to KRW 76 million; and (b) a mortgagee as a social service Korea Co., Ltd. with a victim BMW 760LI car.

Nevertheless, on April 24, 2015, the Defendant borrowed KRW 28 million from F and offered the said BMW 760Li car as security at E offices located in Yongsan-gu building 1005, Yongsan-gu, Seoul Metropolitan City.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to the contract confirmation document, written estimate of mistake, financial application, certified copy of the original register of automobile registration, and copy of the contract for creation of automobile collateral security;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing guidelines shall be recommended;

arrow