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(영문) 전주지방법원 2013.04.01 2012고단2961
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Criminal facts

Defendant

A on April 4, 200, the Seoul High Court sentenced 10 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) and protective custody on October 11, 2009, and released on March 28, 2011 while being under protective custody. On May 18, 2012, the judgment was finalized on July 19, 201.

Defendant

B On November 24, 2005, the Incheon District Court sentenced one year and six months of suspension of execution of one year and six months of imprisonment to forge public documents. On September 27, 2007, the Jeonju District Court sentenced eight months of imprisonment to forge public documents, etc., and the judgment became final and conclusive on November 16, 2007, and the above suspension of execution became null and void on November 30, 2007, and completed the execution of the sentence on July 12, 2009.

On May 18, 2011, the Defendants conspired to sell a motor vehicle even if they were to obtain a loan for the purchase of a motor vehicle, and did not have intent or ability to repay the loan, but instead, the Defendants got the employee in charge of the loan of Hyundai Capital Co., Ltd. to pay KRW 814,146 per month during the 36-month period from the date of lending the 36-month loan by preparing and submitting a written application for the loan of the purchase of a motor vehicle to the effect that “the Defendant would pay KRW 26,00,000 per month for the 36-month period from the date of lending the 36-month loan.”

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made against D and Defendant B;

1. A complaint, examination slip, application for a loan of vehicle purchase fund, certificate of personal seal impression, register of automobiles, deposit statement, investigation report (report on wire currency with D), investigation report (report on wire currency with D), investigation report (report on wire currency with E), investigation report (whether or not a statement is true);

1. Previous convictions: The reference date of criminal records and investigation reports A, a copy of the judgment attached, and the date of release B;

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