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(영문) 울산지방법원 2013.12.12 2013고단3138

사기등

Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant

A around January 2012, when there is a personal obligation of about KRW 100,000 or more won, purchased used cars specified as funds received from the victim G, etc. in order to continue its business as used cars and drums for a long time, and resells them again and divide the profits therefrom into half of the persons who bear the funds of the above G, etc.

Defendant

B as the relative of the above A, a person who performs the same kind of work as that of the above A.

1. The sole criminal conduct of Defendant A;

A. A. Around February 1, 2012, the Defendant: (a) purchased the victim G used cars in the “I” office located in the “I” office located in Ulsan-gu H H 3, Ulsan-gu; (b) ordered the said G to directly transfer KRW 22,675,829 to the former owner’s account; (c) on June 2012, the Defendant embezzled the sales proceeds by arbitrarily consuming the price for the said K7 used cars at any other place and embezzled the price for the said G after receiving the said vehicle’s payment equivalent to the said vehicle’s payment; and (d) during the period from that time to July 2012, 2012, he/she arbitrarily consumed and embezzled the price for the used cars worth KRW 229,558,419, totaling 15 times in total, as indicated in the List of Crimes (1).

B. Around June 12, 2012, the Defendant made a false statement to the effect that “The Defendant, by phoneing the victim L at the office of “K” located in Ulsan-guJ, Ulsan-gu, Seoul-do, would purchase the marina used cars at KRW 7,000,000, and would transfer the payment to the owner’s M account.”

However, at the time, the above MM was purchased by G prior to that time, and the above M was not the owner of the vehicle but its creditor.

In addition, the Defendant had the above L L transfer of KRW 7,00,000 to the above M M account under the pretext of the purchase price of used cars, and 4 times in total from around that time to July 9, 2012, such as the list of crimes (2) as shown in the attached list of crimes.