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(영문) 의정부지방법원 2018.12.21 2018고단3572
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 6, 2016, the Defendant would apply for a loan by purchasing K3 at the point of a car D located in Yangyang-gun C, Yangyang-gun, 2016.

In order to purchase the vehicle with the loan and repay the loan, the applicant for the loan prepared in his name E was delivered to an employee in the name of the above agency, and the applicant for the loan was requested to submit it to the victim's Hyundai Capital Corporation.

However, in fact, the Defendant, upon receiving a loan from the injured party, was thought to lend cash by selling the vehicle. At the time, the Defendant was liable for the debt amounting to KRW 15 million, and the substitute driving office operated by the Defendant was economically difficult, such as accumulated personnel from January 2016, so there was no intent or ability to repay the loan to the injured party.

On December 6, 2016, the Defendant: (a) by deceiving the victim; (b) transferred KRW 16,000,000 to the Agricultural Cooperative Account (Account NumberF) of the said vehicle’s agent; and (c) exempted the Plaintiff from the obligation to pay the sales proceeds; and (d) obtained pecuniary benefits equivalent to the said amount by releasing the Defendant from the obligation to pay the sales proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of the G production;

1. A petition filed for the preparation of the representative director of the modern capital company;

1. Credit information and personal information history;

1. Original Register of Automobile Registration;

1. Inquiries into customer information and inquiries into reimbursement lines;

1. Notice on the loss of time limit profits;

1. A list of claims;

1. Financial transaction statement;

1. Application of Acts and subordinate statutes regarding review details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order recognizes and reflects the instant crime.

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