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(영문) 대전지방법원 공주지원 2016.09.30 2015고단537
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 16, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for aiding and abetting a violation of the Punishment of Tax Evaders Act in the Daejeon District Court’s official order, etc., and the judgment became final and conclusive on the 24th of the same month.

【Criminal facts】 The Defendant and C had purchased an automobile in the name of the Defendant, which is scheduled to be an inferior credit holder immediately through A, received a loan from the financial company as security, and sold the said automobile again to a third party to lend money.

On June 19, 2013, the Defendant and C prepared and submitted an application for a contract for installment financing of used cars to the effect that “G” in the F used car trading complex located in Seo-gu Daejeon, Seo-gu, Daejeon would purchase H 2 vehicle in the name of the Defendant and obtain a loan of KRW 12 million from the victim one capital, the Defendant and C would pay KRW 427,230 per month between the next 36 months and will not dispose of the relevant vehicle, such as transfer and lease of the relevant vehicle until the installment payment system.”

However, in fact, the defendant and C have planned to provide the above 2 vehicles as collateral to the third party immediately after purchasing the said 2 vehicles, and there was no intention or ability to pay the above loans in full even if they received the loans from the injured party, because the defendant planned not to pay the loans by using the fact that the defendant is scheduled to become a bad credit holder.

The Defendant and C received 12 million won from the victim to the Agricultural Cooperative Account under the name of D by deceiving the victim as above, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to I, C, and D;

1. Statement made by the police to J;

1. Each report on investigation;

1. 고소장, 중고자동차 할부금융 약정신청서, 사업자등록증, 자동차등록 원부, 채권 잔액 조회, 스케쥴 대비 입금 현황, 예금/ 신탁계좌 조회, 거래 명세표, 계좌거래 내역 법령의 적용

1. Article 347(1) and Article 347(1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment.

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