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(영문) 대전지방법원 천안지원 2018.06.21 2017고단2382
사기
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was a person who operated a company of installment financing brokerage as B, and was willing to obtain money by submitting a false application for vehicle loan to the victim’s loyalty comprehensive financial (ju) with BNK Capital, which is affiliated with BNK Capital, by receiving an installment payment and brokerage commission.

Accordingly, on June 30, 2016, at the B office of the defendant's operation located in Seo-gu, Seo-gu, Seocheon-gu, the defendant purchased BMW520D car, and at the purchase price of BMW520D car, the defendant prepared an application for a loan of KRW 30 million to BNK Capital, and submitted it to BNK Capital (State).

However, in fact, the defendant did not have arranged the above D to obtain a vehicle loan while purchasing a used vehicle, and it was planned that D applied for a vehicle loan by pretending that D would purchase BMW 520D car, thereby acquiring installments and brokerage commission.

Defendant deceiving the victim company as above and transferred KRW 1,050,000 from the victim company to the corporate bank deposit account in the name of the Defendant under the name of the Defendant, as well as to transfer KRW 138,040,000,000 in total, from around that time to July 15, 2016, to five times, as shown in the list of crimes in the attached Table, all of the above methods were remitted from the victim company to July 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of each police suspect with respect to E, F, G, D, or H;

1. Statement made to I by the police;

1. Complaint;

1. Each application for automobile financing in the name of H, E, D, G, and F;

1. Application of Acts and subordinate statutes to the defendant's statement of deposit transactions in corporate banks;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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