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(영문) 광주지방법원 2016.10.20 2016고단2872
사기등
Text

A defendant shall be punished by imprisonment for a period of five 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

1. Around November 23, 2012, the Defendant: (a) purchased a B car from a (B car located at No. 744-3, Dong-gu, Ansan-si, a member of Ansan-si; (b) agreed to borrow KRW 15 million from the victim Yangyang Life Insurance Co., Ltd.; and (c) to pay KRW 624,513 per month for 36 months.

However, there was no particular property or fixed income and there was no intention or ability to pay off the window normally even if the defendant was given a loan from the victim.

On November 23, 2012, the Defendant, by deceiving a staff member in charge of the victim company, received 15 million won from the victim company as a loan, from the victim company to the account under the name of the State Liberian Lease.

2. On November 27, 2012, the Defendant borrowed KRW 15 million from the victim Dongyang Life Co., Ltd. at the time and place mentioned in paragraph (1), and on November 27, 2012, on the part of the victim, set up a right to collateral security at KRW 15 million for the said car.

Nevertheless, on March 2013, the Defendant, without paying the loan from around January 2013, borrowed money from a bond company with no name, and offered it as security, so it is impossible to grasp the location of the car.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of loan application/agreement, and motor vehicle register law;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The period of probation and community service order under Article 62-2 of the Criminal Act is immediately called after purchasing the vehicle with the reason for sentencing.

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