logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2013.10.17 2013고단996
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 22, 2013, the Defendant purchased a car from the Abandoned-gu merchants' agency in Daegu-gu, Daegu-si, the 1179-3, the 1179-3, the 2013-type B K5 car, and made a false statement to the employees in the business under his name, stating, “The 5.9% of the interest rate on the face of the loan and the 771,50 won including the interest rate on the principal, shall be repaid every 25th day of the month with the loan period of 48 months.”

However, in fact, the Defendant, from the beginning, purchased the said car from the victim Hyundai Capital Co., Ltd., and then purchased it, intended to pay his personal debt by selling it to the used car company. At that time, the Defendant had no property under the name of the Defendant at that time and had no personal debt amounting to KRW 11,492,00, and there was no intention or ability to pay his loan even if he received the loan from the victim.

The Defendant, as such, by deceiving the above members, had the said members submit an application for the installment of vehicles prepared by the Defendant to the victim, received a loan of KRW 32.9 million from the victim to the Japanese bank account of the said merchant agency, and did not pay the loan even after receiving the loan from the victim in 2013 B K5 car in 2013.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 32.9 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Copy of the application form for the register of vehicles of Hyundai Capital, copy of the inquiry into the trading order, copy of the deposit details statement, copy of the individual payment details statement, and copy of the register of automobiles;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of details of debts of a suspect);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the decision of type].

arrow