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(영문) 인천지방법원 2018.11.23 2017고단5660
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant’s loan office located in Seo-gu Incheon Metropolitan City around January 23, 2017, in order to raise the purchase cost for the FJ 5 automobiles, the Defendant’s act of paying the loan amount of KRW 14.8 million, interest on the loan amount of KRW 20.9%, and 36 months equal to the loan amount.

The Defendant entered into an erroneous debate agreement to the effect that it is “in the name of the Defendant G.”

However, in fact, the Defendant was a bad credit holder at the time, and there was no asset in the name of the Defendant. In 2015, there was about KRW 70,000,000 incurred in operating a mobile phone agency with his wife, but it was not changed. Since there was no certain income, it was not possible to lend money under the name of the Defendant, the Defendant entered into the above debate agreement using the Defendant G name, and there was no intention or ability to pay the principal and interest of the loan.

As above, the Defendant was transferred KRW 14.8 million to the corporate bank account under the name of the corporate bank account (491-056 - 96-01015) in the name of Jung-jin, a stock company that had brokered the sale and purchase of a motor vehicle from the victim by deceiving the victim and deceiving him on the same day.

Summary of Evidence

1. The defendant's legal statement (as at the 13th public trial date);

1. Legal statement of witness G;

1. Written complaint of the Vienna Capital Company;

1. An erroneous agreement, an automobile financial application, a written consent to the transfer of bonds, or a notice of loss of the term or interest;

1. Application of individual inquiries about the details of real-time transfer management statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant's act of deceiving the victim company without any intention or ability to repay, and thus, the defendant intentionally uses the method of deceiving him/her.

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