logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.06.08 2016고정785
사기
Text

Defendant shall be punished by a fine of seven million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to imprisonment for 8 months in Busan District Court for fraud, 2 years in suspension of execution, and 120 hours in community service order. The above judgment became final and conclusive on November 1, 2014.

On October 7, 2013, the Defendant: (a) prepared a mid-term installment application with the purport that “The principal and interest on each month shall be repaid without molding over 48 months in a way equal to the principle of cash repayment” to the lender in charge of loaning KRW 18 million out of the purchase fund of the YF YF Laol vehicle; and (b) applied for an installment loan of vehicle purchase funds.

However, in fact, the defendant purchased the above vehicle, and either disposed of it or provided it as security, and did not have the intention to hold it, and did not have the ability to repay the loan without any certain occupation at the time.

As above, the defendant deceivings the employees in charge of lending the victim company, and he received 18 million won as a loan for purchasing motor vehicles from the victim on the same day and acquired it by fraud.

Summary of Evidence

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

1. A complaint, a written application for heavy attachment, a register of automobile registration, and a list of requests;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (Attachment to finalized criminal facts);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow