logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.06.20 2013고단5439
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant conspiredd to purchase a name-free person and a vehicle and sell it.

On July 21, 2011, the Defendant made a false statement that “When granting KRW 17.6 million to an end-of-life financing loan 1,7.6 million to the victim Hyundai Capital Co., Ltd., the Defendant would repay the loans by paying KRW 429,225 per month for 48 months.”

In fact, even if the defendant purchased the vehicle from the victim, he did not have the intention to pay the above installment without any intention to hold the vehicle, and there was no ability to pay the monthly payment of the economic situation that does not extend at the time.

Nevertheless, the Defendant received from the victim installment loans equivalent to the above loan amount.

Accordingly, the Defendant conspireded to induce the victim to obtain pecuniary benefits equivalent to the amount of loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as a complaint, application for loan, examination sheet, loan-related documents, etc. and motor vehicle register;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence is that the defendant led to confession of the crime and reflects his mistake. The defendant paid 3.5 million won to the victim for 9 months immediately after the crime of this case, and thereafter deposited 3.5 million won to the victim, there is no criminal conviction exceeding the fine, and there is no criminal conviction for the same kind of crime. The profits acquired by the defendant by the crime of this case are relatively large, and the defendant lives under detention for a considerable period of time due to the crime of this case, and other various items of the arguments of this case are shown in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime of this case.

arrow