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(영문) 부산지방법원 서부지원 2020.05.28 2019고단8
사기
Text

Defendant

A and B shall be punished by imprisonment for eight months and by imprisonment for six months, respectively.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B tried to purchase a used vehicle with a discount loan through Defendant C, which is a used vehicle D, but it was known that it was not a loan for installment in the name of Defendant B, it was intended to obtain a loan from the Defendant under the name of Defendant B and to purchase a used vehicle. On July 2017, 2017, at a restaurant located in Seo-gu, Busan, Busan, the vehicle price was higher than the actual value of the purchased vehicle, and there was a public offering to divide the purchase price by receiving a loan with a discount loan from the purchase price excluding the purchase price.

Accordingly, on August 2, 2017, at the G office located in the F Used Car Trading Complex in Busan, Defendant C prepared a vehicle of H Ecoos (e.g., delivery in 2009, odometer 289,217km). The Defendants prepared a loan application as if the above vehicle price is KRW 27.5 million, and Defendant A applied for a loan of KRW 25 million.

However, it is true that the above used vehicle was purchased in the amount of KRW 1,7360,00,000, and (State) I is an enterprise that does not remain.

Nevertheless, on August 2, 2017, the Defendants conspired to deception the victim J Co., Ltd., and thus, were transferred KRW 25 million from the victim under the name of K Bank account (L) with the Defendant’s name on August 2, 2017.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Defendant C’s partial statement

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement of M;

1. The register of automobiles (H Ecoos);

1. A response report on personal credit information;

1. Investigation report (the confirmation of the company whose place of work is stated and the confirmation of the suspect's location);

1. A criminal investigation report (verification of suspect's name-titled data on collection of fees);

1. Investigation report (verification as to whether it is possible to trade a motor vehicle);

1. Investigation report (verification of the N sale Site);

1. The following circumstances acknowledged by the evidence duly adopted and examined by this Court during the investigation report (OP counter-verification).

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