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(영문) 서울동부지방법원 2016.02.03 2015고단3304
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On February 26, 2015, the Defendant entered into a contract for installment financing of motor vehicles with the victim KB Capital Co., Ltd. and DV cruises Co., Ltd. through DD, through a non-loan broker, in which it is impossible to identify the trade name located in the area near the Goyang-si, Goyang-si, the Defendant, who was making a loan of KRW 22,00,000,000, monthly payment of KRW 735,809, and KRW 36 months.

However, in fact, the Defendant, without the intention to hold a vehicle in fact, intended to give the vehicle to C by forging the details of the bank transaction without the intention to possess the vehicle and borrowed 5 million won from C in return. The Defendant did not have the property under the name of the Defendant at the time of the loan, but the loan received from C was scheduled to be used as the expenses of the Defendant’s wife and the dental treatment expenses of the Defendant, so there was no intention or ability to

The defendant had the victim deliver 22,00,000,000 won as a loan to the victim E.

2. The Defendant forged a private document at the time and place specified in paragraph 1, and at the same time and place, prepared a copy of the detailed statement of the deposit and withdrawal transactions in the name of a private bank in the name of the private individual C in a false manner that could not be known through the private individual C, and transmitted the document by facsimile to an employee who could not know the name of the KB Capital Co., Ltd.

Accordingly, for the purpose of uttering, the Defendant forged and held a letter 2 of the details of the deposit and withdrawal transactions under the name of KB bank, a private document on the proof of facts.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F, G, and E;

1. Application of Acts and subordinate statutes for a loan contract, a false entry and departure transaction statement, a detailed statement of transaction, an investigation report (Submission and additional statement of suspect A account details) and an investigation report (report on the circumstances of the case and the details of telephone communications with complainants);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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