Cases
2019 Highest 2423 Fraudulent
Defendant
A South 85. Symar
Prosecutor
The delay of stay (prosecutions) and the assistance in lecture (public trial)
Defense Counsel
Law Firm Law Firm, Attorney Lee -
Imposition of Judgment
October 24, 2019
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Criminal Facts
On February 2, 2018, the Defendant was aware of the loan in order to raise the ordinary cost of living on the Internet, and the Defendant was able to report and contact the advertisement for the loan without a worker posted on the Internet, and was able to obtain the loan at the request of 1.5 million won from 'the defective site', and then paid 1.5 million won to 'the poor site', 'the method of receiving the loan through the vehicle installment contract' from 'the poor site', 'the poor site', and 'the poor site', 'the poor site', 'the defendant was aware of the loan by deceiving the lending company as if the Defendant had the cargo transport certificate and carried on the transportation by using the cargo vehicle.
On February 13, 2018, the Defendant entered into a contract for installment financing with B, a staff member in charge of the loan of the victim ○○○too Lease Co., Ltd. on the first floor of a terminal of the Dong-gu Manan-gu Mean-dong Mean-si Ma-gu Mean-gu Mean-si, Maban-si, Maban-si, Maban-si, Maban-si, Maban-si, Maban-si, and operated a vehicle for 60 months by lending KRW 130 million out of the rent of the vehicle for the large special cargo vehicle in Jeonnam-nam ACRSS, and repaid KRW 2,75,723 of the monthly principal and interest of each month in Busan-si.
It was false to the effect that it is possible to repay loans through transportation revenue, because it is operating the transportation business that drops down to the port of Busan.
However, in fact, the defendant thought that he would borrow money from the victim company using the vehicle installment loan system, and the victim company did not actually intend to operate the above cargo vehicle as stated in B, so even if he borrowed money from the victim company as the purchase price for the vehicle, he did not have the intention or ability to repay the loan with the profit while driving the vehicle.
On February 14, 2018, the Defendant, by deceiving the victim as above, received KRW 130,000,000 as an enterprise bank account in the name of B/L under the name of B/L, and received KRW 64,925,00 among them, and transferred KRW 21,570,000 among them to the national private bank account in the name of the Defendant, and paid KRW 21,570,00 among them to “the false principal”.
Accordingly, the defendant received property from the victim in collusion with the victim's poorness.
Summary of Evidence
Omission
Application of Statutes
1. Relevant Articles of criminal facts;
Article 347(1) of the Criminal Act / [Selection of Imprisonment]
Reasons for sentencing
Although the loan hub in this case is planned and systematic loan crime, which is not good for the crime in light of the content and method of deception, amount of fraud, amount of fraud, etc., the fact that damage recovery is not entirely made even though it is a large amount of fraud, the punishment like the order shall be determined by comprehensively taking into account the following factors: age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.
Judges
Judges Yellow Module