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(영문) 대전지방법원 2017.11.15 2017고단3419
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for two months.

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

Reasons

Punishment of the crime

[criminal record] On June 16, 2017, Defendant B was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on February 24, 2017 and the judgment became final and conclusive on June 24, 2017.

[2] The defendant A received a loan from the defendant B to the defendant's name and received a loan from the defendant B, which was introduced through the public prosecution, from the defendant's company's living conditions, such as gambling debts, and received a proposal to offer money by selling it to others.

Accordingly, on July 30, 2014, the Defendants submitted a false certificate of employment that “Defendant A shall hold office in H” to the employee of Hyundai Capital Co., Ltd. of the injured party while purchasing a low-priced car in the name of Defendant G in the name of Defendant A, and entered into a contract for installment loan with the injured party under the name of Defendant A as if the principal payment was made for the vehicle was made in a normal manner.

However, the Defendants merely intended to sell the vehicle to others even if they purchased the vehicle with the above loan from the victim company, and there was no intention or ability to pay the installments of Defendant A or Defendant B normally.

The Defendants had the employees of the victim company pay 32 million won to F the purchase price of the vehicle on the same day.

In the end, the Defendants conspired to induce the victims to acquire property benefits equivalent to 32 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Original Register of Automobile Registration;

1. Counseling table;

1. Investigation report (related to a suspect A loan);

1. Investigation report (related to obtaining a credit transaction agreement with a suspect A);

1. Documents concerning credit agreements;

1. Previous conviction (Defendant B): Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (report attached to the judgment);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The treatment of concurrent crimes (defendant B) Article 37 of the Criminal Act.

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