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(영문) 인천지방법원 2017.05.24 2017고단2046
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At the time of fraud, the Defendant: (a) purchased a loan from a lending company due to the need for living expenses, etc. on the job; and (b) purchased a car, and (c) planned to receive a loan by offering the said car as collateral; and (c) was actually no intention or ability to purchase

Nevertheless, the Defendant, around April 29, 2015, prepared a loan application form, such as an application form for a middle debate on the 15 million won of the purchase fund of the 15,000,000 U.S. car, and submitted it to the victim KB Capital Co., Ltd., as the Defendant would purchase and operate the Dalop vehicle B B 216, Nam-gu, Incheon, Seoul.

The defendant received 15 million won from the damaged company as a loan, and acquired it by transfer.

2. The Defendant was aware of the fact that, at the same time, at the same time, and at the same place as above 1 paragraph, the said C/O car was financed with installment financing and thus, it would be a collateral security establishment with respect to the said R/O car at the claim price of KRW 7.5 million with respect to the said R/O car, and as the mortgagee, KB Capital Co., Ltd. as the mortgagee.

Nevertheless, the Defendant borrowed KRW 4.2 million from the non-name loaner in the same date and place as the above 1 paragraph, and delivered the said car as security, and concealed the said car which became the object of the rights of the victimized company, thereby hindering the exercise of rights by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An application for a medium and high debate, a letter of agreement on the middle and high debate, a register of automobile registration, a peremptory notice to deliver a mortgaged vehicle;

1. Application of Acts and subordinate statutes on a copy of passbook transaction;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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