logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.06.11 2014고단1331
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2012, the Defendant purchased used cars at the D office, which is a sales partner of the victim Aju Capital Co., Ltd. in Seo-gu Daejeon, Seo-gu, Daejeon, and requested the employees E to apply for a loan in installments as if he would pay the installments normally.

However, in fact, the Defendant purchased used cars due to low credit, and intended to receive them as collateral for the lending company, and there was no intention or ability to pay them normally even if they received the loan due to no particular income or property at the time.

As above, the Defendant, by deceiving the above E, had him file an application for installment financing of the purchase price of a car with FF with the victim company, obtained a loan of KRW 16.5 million from the victim company on the same day on the condition that the principal and interest shall be repaid for 36 months.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A written application for the frusium frusium;

1. A detailed statement of currency;

1. Details of the receipt of the principal and interest of disposable discrimination;

1. Application of a copy of the register of automobiles

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing and the conditions of sentencing prescribed in Article 51 of the Criminal Act) of the suspended sentence shall be taken into account the scope of recommendation and sentence [the scope of sentence [Fraud, general fraud, type 1, basic area of imprisonment, six months to one year and six months] on the grounds of sentencing. In light of the following circumstances, circumstances favorable to sentence lower than the lower limit of the recommended sentence shall be taken into account: (a) the fact of the crime is recognized at the time of the crime; (b) the damage is partially recovered; and (c) other unfavorable circumstances such as the fact that there is no agreement with the victim: It is so decided as per Disposition for the above reasons, such as the defendant's age and economic situation

arrow