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(영문) 서울서부지방법원 2018.11.29 2018고단3023
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] On December 19, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for special larceny at the Daegu District Court, and the judgment became final and conclusive on the 27th of the same month.

[2] On September 4, 2013, the Defendant applied for a loan for the installment payment of KRW 10,910,000,000, annual interest rate, 19.9%, and 708,851 per month in the manner of equal repayment of principal and interest between the repayment period of 36 months and the actual use of the said vehicle. The Defendant applied for a loan for the used vehicle with the purpose of paying the installment of KRW 708,851 per month in installments, in a manner of equal payment of principal and interest by purchasing the vehicle at the Dobongdong-gu Seoul Metropolitan Government (hereinafter “damage Company”).

However, in fact, the defendant did not have any specific property and did not have any stable income because he did not work for the company D, and he did not have any intention or ability to pay the installment according to the agreement because he was provided as a collateral immediately after purchasing a car and was thought to consume money for the cost of living with another person.

Nevertheless, the Defendant, by deceiving the staff in charge of the victimized company, had the victimized company pay 19.1 million won to the used car company on the same day as the installment loan for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. A written statement;

1. Complaint;

1. Investigation report (Binding a copy of the relevant case records);

1. An individual, a written application for a secondhand loan, a written agreement on a secondhand loan, a written consent to collect personal information, etc., a motor vehicle registration certificate, a report on history of a secondhand accident, a motor vehicle registration ledger, a certificate of seal impression, a certified copy of a resident registration card, a copy of a driver's license, a confirmation of acquisition and loss of health insurance qualifications, and a decision on performance recommendation;

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