logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.10.01 2014고정1112
사기
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 24, 2011, the Defendant: (a) purchased a sti-R car at the point of Sti-si Sti-si Sti-si Ba 235-1, and (b) applied for a loan of KRW 22,50,000,000 for the vehicle purchase price to the victim Hyundai Capital Co., Ltd., Ltd. through employees in the name of the above branch.

However, the defendant did not have the intention or ability to repay the loan even if he received the loan.

As such, the Defendant, by deceiving the victim, had the victim immediately pay 22.5 million won of the purchase price of the vehicle to the side of the vehicle, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. The defendant's partial statement (the defendant alleged to the effect that he did not have the intention of defraudation, but it is judged that he received the installment loan without the intention of repayment or ability in light of the following: although the defendant alleged to the effect that he did not have the intention of defraudation, the occupation was falsely stated at the time of application for the original loan, the payment was not made at one time prior to the theft of the vehicle, and the circumstances that it is difficult to repay the installment due to the very difficult circumstances at the time of the defendant's statement

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] 20 million won or less (the decision of sentencing sentence]: The circumstances that are favorable to the fact that the amount of fraud is considerable but is not completely recovered from the damage: the defendant's age, occupation, environment, circumstances of the crime of this case, details, circumstances after the crime, etc. are considered and the punishment was determined as ordered by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, and environment.

arrow