logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2013.03.07 2012고단532
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 January 18, 2011, the Defendant entered into an arrangement with the victim as if he had the ability to pay the installment of the vehicle due to the Defendant’s operation of an enterprise to E employees belonging to the victim D Co., Ltd. in the multi-face near the Seocheon-gu, Seocheon-gu, Incheon Metropolitan City.

The contents of the installment agreement are as follows: (a) the defendant received a loan of 35.4 million won from the victim and paid the principal 35.4 million won in the F Catstma car, and paid interest rate of 6.9% per annum; (b) from February 15, 201 to January 15, 2011, 1,090 won per month during the 36-month period from February 15, 201 to January 15, 2014; and (c) the above Catma car is not arbitrarily disposed of until the installment payment is made.

However, the Defendant, as an elderly, had no intent or ability to pay the installment of a vehicle due to the lack of specific occupation and property. Even if the Defendant purchased and delivered a vehicle under the name of the Defendant, it was thought that it would immediately be transferred to the needy under the name of the Defendant, but was issued a certificate of personal seal impression and a certified copy of resident registration to the influence and delivered it to the influence under the name, and signed and sealed the said letter of agreement as agreed with the president.

Nevertheless, on January 20, 201, the Defendant, as seen above, assisted the victim to pay 35.4 million won for the purchase of a vehicle, which is an employee of the victim, thereby aiding and abetting the victim to commit fraud.

Since it is apparent that the applicable provisions in the indictment are applicable to aiding and abetting, it shall be corrected by aiding and abetting the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes governing a domestic agreement on installment payments, a certificate of takeover of consigned vehicles, a sales contract for automobiles, and a certificate of seal impression;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Aid and mitigation Criminal Act.

arrow