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Reasons
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(영문) 광주지방법원 목포지원 2018.04.20 2017고단886
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2017 Highest 886] On February 18, 2016, the Defendant issued an order of beer and beer, etc. as if he did not have any intention or ability to pay the alcohol value, etc. in E operation of the victim D (C2) around 23:30 on February 18, 2016, and the Defendant acquired it by obtaining from the victim D the total amount of KRW 5.10,00 won, including 30 C, 2 C, and 4,000,000 from the victim D.

[2017 Highest 144]

1. On March 25, 2016, the Defendant borrowed 400,000 won from the Defendant’s Case Capital Co., Ltd. on the condition that he/she purchased a G-type car at the trading company of the mutual infsing cars in the window F at Changwon-si, and paid 205,346 won each month for 24 months on the condition that he/she would pay 24 months each month.

However, the defendant did not have any income at the time and did not have any intention or ability to repay the loan even if he did not receive the loan due to no assets.

Nevertheless, as seen above, the defendant deceivings the employees in charge of lending the victim case case, and he obtained 4 million won as a loan from the victim case non-capital invested company to obtain the delivery of 4 million won.

2. On March 25, 2016, the Defendant: (a) obtained a loan of KRW 4 million from the Victim DF Capital Co., Ltd., Ltd.; and (b) granted a mortgage of KRW 2 million to the mortgagee DF Capital Co., Ltd., Ltd., the Defendant transferred the said car to H at a non-permanent place around October 2016, even though he/she offered a mortgage of KRW 2 million for the mortgagee DF capital Co., Ltd., Ltd. on security.

In this respect, the Defendant concealed objects that were the objects of the rights of the victim case capital company and obstructed the exercise of rights.

Summary of Evidence

[2017 Highest 886]

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements of D;

1. Receipts (2017 Height 1444);

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of the I;

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