(영문) 전주지방법원 2017.10.19 2015고단2003

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(영문) 전주지방법원 2017.10.19 2015고단2003

사기등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was a representative director of C, a corporation with the Busan Suwon-gu B and the second floor.

1. On July 29, 2014, the Defendant borrowed KRW 31.2 million from the victim Ariju Capital Co., Ltd. in the name of the said company when purchasing one car to the e-car located in Busan District, Busan District. On July 29, 2014, the Defendant borrowed KRW 31.2 million from the victim Ariju Co., Ltd., and repaid to the victim for 60 months each of the second day of each month.

Recognizing the content of “a contract” was written.

However, at the time of fact, the Defendant had a debt equivalent to KRW 300 million, and the Defendant did not have the company’s profits since the early July 2014, and was operating solely with the funds previously held since the Defendant did not enter money from the debt. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay the money.

Nevertheless, the Defendant received 30,000,000 won as a loan from the injured party, i.e., the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant: (a) borrowed KRW 31.2 million from the injured party from the above victim at the time, place, and set up a right to collateral security equivalent to KRW 15.6 million in the victim’s name on the said car owned by the Defendant as collateral.

Nevertheless, on August 1, 2014, the defendant sold the above car to the person who was not the name of the plaintiff and made it difficult to find it.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant of a written application for a police statement concerning G of the police interrogation protocol, a certificate of entire registered matters, a standard financial statement certificate, a motor vehicle registration ledger, peremptory notice to exercise of the right to collateral security against motor vehicles, and the details of receipt

1. Criminal facts;

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