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(영문) 수원지방법원 성남지원 2014.10.24 2014고단1689
사기
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

On August 14, 2013, the Defendant was sentenced to one year of suspension of the execution of imprisonment for the purpose of aiding and abetting fraud at the Seoul Western District Court on June 201, and the said judgment became final and conclusive on August 22, 2013.

On February 2, 2012, the Defendant: (a) promised to receive money in return for the lending of real estate ownership and the name of an application for a loan for real estate loan, which he/she became aware of through the Internet loan search (hereinafter “C”); (b) decided on August 2, 2012, the Defendant transferred the ownership of the D Apartment 102 Dong-dong 305, Seoan-gu, Seoan-gu, Incheon Metropolitan City on August 2, 2012 to help the lending company acquire the loan against the lending company.

Around August 21, 2012, the Defendant entered into a loan transaction agreement with F, stating that “F, as if he/she resides only in the family of the Defendant in the foregoing D apartment 102 Dong 305, 102-dong 908 at the office of the credit service provider F, Sungnam-si E non-dong 908, Sungnam-si, the Defendant only entered into a loan transaction agreement with F, stating that “The apartment offered as a security, with the apartment, with the victim as a national bank account in the name of the Defendant”, and 30 million won on the same day from G to the national bank account in the name of the Defendant; the same year.

8. A total of KRW 90 million was delivered on 22.6 million.

Accordingly, the Defendant assisted loan fraud organizations such as C to take over loans against loan companies.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Each certificate of transfer;

1. Details of perusal of transfer households and contract for loan transaction;

1. Full certificate of the registered matters;

1. Previous convictions: Application of criminal records and investigation reports (Attachment to criminal records A-related judgments) and statutes;

1. Relevant Article 347 of the Criminal Act and Articles 347 and 32 of the Criminal Act, the choice of imprisonment with prison labor;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 of the Criminal Act:

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