logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원해남지원 2020.09.10 2019고정37
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around October 27, 2014, the Defendant stated the written indictment for Victim E Co., Ltd. operated by the victim E Co., Ltd. in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, as “E Co., Ltd. operated by the victim D,” but lending money to the Defendant is not D individual. Thus, the victim of this case should be deemed to be E Co., Ltd., other than D.

Therefore, to the extent that it does not interfere with the defendant's exercise of right to defense, the above facts charged are corrected and recognized as criminal facts.

The office made a false statement to the effect that “The F body-man car which is on board a loan of KRW 8.8 million will be provided as security and repaid without a mold within one month. Although a mortgage has been established on a car, a part of the debt is a clean vehicle on the document, but it is only a clean vehicle on the document, if it is paid and terminated. If the payment is not made within the time limit, the mortgage created shall be terminated and the name shall be changed.”

However, at the time of fact, the obligation to the mortgage established on the said car was not repaid, and the Defendant did not have the ability to repay and terminate the debt established on the said car due to the lack of any financial condition without any particular revenue, and the debt amount established on the said car did not have any security value higher than the said car market price. Therefore, even if the debt amount established on the said car borrowed money from the victim, the victim did not have the intent or ability to cancel the repayment or mortgage as promised by the victim and transfer the ownership of the said car.

Nevertheless, the Defendant, by deceiving the victim as above, received 7.7 million won excluding the interest accrued from the Defendant’s mother to the new bank account in the name of G (H) with the Defendant’s mother on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness witness D;

1. Details of deposit transactions;

1. The loan certificate and the vehicle waiver note attached to the complaint;

arrow