logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.11 2016고단930
사기방조
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C Even if a vehicle is purchased in installments, there was no intention or ability to repay the installment price properly, and was planned to sell the vehicle to the other immediately after the delivery of the vehicle. However, on March 31, 2014 at E agency located in Yangsan-si D, the victim Hyundai Capital Co., Ltd., by purchasing one Fran vehicle, and then making a false statement to the effect that “on a loan of KRW 30,80,000,000 to the staff in charge of the victim Hyundai Capital Co., Ltd., Ltd., for 60 months for each share of KRW 627,466 on the 25th day of each month,” and it received KRW 30,80,000 from the victimized company as a loan for the purchase price of the vehicle on the same day.

On March 2014, the Defendant introduced the “I” of the work loan B and one name “I” to C at the non-commercial coffee shop in Busan Dong-gu G building, Busan, by obtaining a resident registration, etc. from C and delivering the copy of the resident registration, etc., to H, accompanied by C to enter into a vehicle-based contract, and 12 million won out of the amount of the money created by commercializing the said vehicle to receive from H and deliver it to C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the following factors: (a) the degree of participation in the crime is relatively minor and the profits acquired by the defendant are not significant; (b) there is no record of criminal punishment since 2008; and (c) the sentencing conditions indicated in the records, such as the defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, etc., are determined as ordered by taking account of various circumstances, including the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

arrow