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(영문) 춘천지방법원 2017.09.25 2016고단1167
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and two months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

On May 8, 2015, the Defendants filed an application for a loan of KRW 88 million, when submitting a lease agreement with the victim Samsung Life Insurance Co., Ltd. as “B, lessee: A: From May 18, 2015 to May 18, 2017, and from May 18, 2017, the Defendants filed an application for a loan of KRW 10 million with the victim Samsung Life Insurance Co., Ltd. as to KRW 202-dong 105,00,000,000,000 from May 18, 2015.

However, in fact, Defendant B purchased the above No. 105 million won around April 25, 2015, but the purchase price was insufficient, and Defendant A bears the obligation equivalent to KRW 73 million at the time of the lease contract, and the amount to be repaid is needed. As such, Defendant A applied for a lease loan under the name of Defendant A and reported the transfer of the loan immediately after the payment of the loan was made, Defendant B planned to obtain a loan again as collateral 105, and Defendant A had no intention to actually move into the above No. 105 and had no intent to fully repay the loan.

As can be seen, the Defendants conspired in collusion to induce the victim and then were transferred from the victim to the national bank account in the name of Defendant B as a loan around May 18, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in G or K;

1. Each police statement made against L, M, N, orO;

1. A complaint, a charter contract, a confirmation of object of brokerage, an explanatory note, a written contract, a written application for a loan, a contract for the establishment of a neighboring pledge, a written consent for the establishment of a pledge right and a written promise for the return of the borrowed deposit, all of the registered matters, a certificate of loan, a receipt of loan, a new bank liquidity transaction record, an investigation report (in addition to data related to a suspect A's liability), a certified copy, a resident registration, a transcript, a transcript of a new bank passbook in the name of the N, a cellphone, and

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