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(영문) 대구지방법원 영덕지원 2016.04.06 2015고정97
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around December 12, 2014, the Defendant made a false statement to the effect that “the Defendant, by phone call to the victim Egrespons, Co., Ltd., Ltd., the sixth floor of the building in Gangnam-gu Seoul, Seoul, 409, would offer 8 million won to the employees of the said company as security for the loan of 8 million won and pay them normally.”

However, the Defendant did not have any income at the time, and there was approximately KRW 30 million debt owed to the lending company, and approximately KRW 1.5 million was paid on the monthly interest, and thus there was no intention or ability to repay the above money even if it was borrowed from the victimized company.

The defendant deceivings the damaged company as above, and he acquired eight million won from the damaged company to the Agricultural Cooperative Account in the name of the defendant on the same day.

2. The Defendant: (a) obtained a loan from the victim EF Capital Capital Co., Ltd. as set forth in the foregoing paragraph (1); (b) provided the Defendant’s own detached vehicle as collateral; (c) set up a mortgage in the name of the said automobile damaged company on December 15, 2014; (d) borrowed 3.2 million won from a non-titled credit service provider on January 2015; and (e) made it impossible for the victimized company to ascertain the location of the car by borrowing 3.2 million won from the non-titled credit service provider to deliver the car.

Accordingly, the defendant concealed the defendant's goods that were the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

Part of the defendant's legal statement against the defendant, a written complaint of the police's statement against the suspect interrogation protocol and documents attached thereto (Evidence No. 8), an investigation report (Attachment of Credit Information of the suspect), an investigation report (Attachment of Information on Account Transactions of the Suspect), an investigation report (Attachment of Information on Account Transactions of the Suspect), an investigation report (Attachment of Automobile Registration Register of a Vehicle owned by the Suspect), an investigation report (Attachment of Automobile Registration Register of the Vehicle), and each document attached thereto (Evidence No. 1, 2, 2.

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