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(영문) 대구지방법원 김천지원 2019.01.15 2018고단1114
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, who is difficult to obtain a loan in an ordinary way due to a large amount of debt, created necessary documents from B, and received a loan under the name of the funds for purchasing a flasing season, and consented to the proposal, and the Defendant prepared various documents such as a flasing license and a certificate of seal imprint necessary for the loan and conspired to obtain the loan by using it to carry out the procedures necessary for the loan, such as registering the business in the name of the Defendant and opening an account.

On August 23, 2017, the Defendant, in collusion with B, failed to know the trade name of the location of the Daejeon High Bus Terminal located in Daejeon on or around August 23, 2017. In order to obtain a loan from the victim C Co., Ltd., the Defendant concluded a loan agreement with the employees E working on the "D", who are affiliated points of the victim, to obtain a loan from the victim C Co., Ltd., and suggested a permit for the searcher-up-related business registration and account details, etc., and made a false payment after concluding a loan agreement with the purchase goods, the vehicle price of KRW 70,000,000, the vehicle price of KRW 20,000,000, the principal charges of KRW 50,000,000, the installment amount of KRW 60 months, the monthly installments of KRW 1,084,629, the installment payment was made at the end of each month.

However, even if the Defendant and B receive a loan under the name of the purchase price for the scambling season, they were planned to use the loan individually, and there was no intention or ability to repay the loan, and there was no fact that the Defendant operated a business entity related to the scambling season.

In collusion with the defendant, the defendant and B had the victim deceiving as above, and had the victim deposit KRW 50 million in the G Bank account (Account Number H) in the name of D on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement to I and J;

1. A loan that C has been remitted to D, such as an application for a loan and a construction machinery register, shall be again made on the part of the defendant.

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