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(영문) 청주지방법원 2017.12.20 2017고단1455
사기등
Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 201, the Defendant purchased BM7 passenger cars at the point of Cheongdong-gu 1035 (Non-Haak-dong 343) in the BM7 passenger cars at the point of Cheongdong-gu Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul around December 28, 201, at KRW 31,90,000, and the Defendant would reimburse C employees of Korea Social Services Korea Co., Ltd., Ltd. with the annual interest rate of KRW 5.9% and the 36-month principal and interest.

“A false statement” was made.

However, in fact, the defendant did not have any particular income at the time and was unable to pay the personal debt that he borrowed from the bond company before the loan was made, and there was no intention or ability to pay the loan even if he received the loan.

As above, the defendant deceivings the victim company, and he obtained a loan of KRW 31.9 million from the victim company and acquired it by fraud.

2. On December 29, 201, the Defendant: (a) purchased a BM7 car at the date and place specified in paragraph (1), and (b) set up a mortgage (the amount set up 6.4 million won) against the victim on the said SM7 car in order to obtain a loan of KRW 31.9 million from Korea Co., Ltd., Ltd. to secure the said loan.

Nevertheless, the Defendant transferred the passenger car under the name of the bond company to the bearer in the same place on the same day.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

The application of the laws and regulations on the Register of Automobile Registration to the status of deposits in preparation for repayment shall apply to the defendant's legal account transaction details, installment financing and loan agreements, scheduled notice of loss of term

1. Relevant Article 347 (1) and 232 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommending punishment] general fraud.

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