logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.13 2016고단2115
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has served as a mid- and long-term with D in South Korea-Pacific City.

1. The Defendant and E, who pretended to purchase a middle and high-class loan, conspired to receive and distribute the loans to each other. On November 30, 2012, the Defendant and E, prepared an application for the loan principal of KRW 11 million per annum, interest rate of KRW 28.5% per annum, and the period of repayment of KRW 36 months, and submitted to the person in charge of the Defendant LAC Loan Co., Ltd (former Social Co., Ltd) (former Korea Social Co., Ltd) under the name of E, as if they purchased the food rental car (F) at the 2005 M&A office in Nam-dong 434-3 (U.S.).

However, the above car was a car borrowed from the other country of the case, and the loan was thought to be distributed to each other and used individually.

In collusion with the defendant and E, the defendant and E received 11 million won as a loan from the injured person on the same day.

2. Around June 4, 2013, the Defendant: (a) requested the victim H to sell the 13.6 million won car (I) to the 13.6 million won; (b) paid the 3.6 million won to the victim in advance at that place; and (c) acquired the 3.6 million won car.

In accordance with the above request for sale, the Defendant sold the said car in the early June 2013, and kept the said car in the custody of KRW 14.2 million among them for the victim. At around that time, the Defendant embezzled the said car for personal use without paying it to the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Copy of the police interrogation protocol regarding E;

1. Statement of H in the police interrogation protocol against the accused;

1. Statement made by the police with H;

1. Written Statement;

1. A civil judgment and a copy of E judgment;

1. A photograph and a record of a motor vehicle registration register, a screen of a Kakao special conversation between Kakao and a Kakao special conversation;

1. Documents related to loans, such as an application for the second installment loan;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment.

arrow