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(영문) 수원지방법원 안산지원 2018.05.24 2018고단70

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud;

A. On December 16, 2016, the criminal defendant against the victim C stated, “If he/she lends KRW 20 million to B, he/she will purchase and sell BM520d motor vehicles to B and repay all debts borrowed prior to the sale,” within the office of the D 103 "E" in Suwon-si, Suwon-si, Suwon-si.

However, in fact, the defendant had a large amount of debt at the time, and there was no certain income to use the money received from the injured party for the purpose of repayment of personal debt or living expenses, etc., so there was no intention to purchase and sell the above vehicle, and there was no intention or ability to repay even if he borrowed money

Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the corporate bank account (F) in the name of the defendant on the same day.

B. On December 19, 2016, the criminal defendant against the victim G told the victim G at the victim G within the "I" office of the "Y205 Jung-gu, Ansan-si, Seoul Special Metropolitan City Council member H205."

However, in fact, the defendant thought that he had a large amount of debt at the time and did not have a certain income to use the money received from the injured party for the purpose of repayment of personal debt or living expenses, etc., so he did not have an intention or ability to repay even if he did not intend to purchase the above vehicle and borrowed

Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the corporate bank account (L) in the name of the defendant's wife K on the same day.

2. Occupational embezzlement;

A. The Defendant, as a secondary seller, is engaged in the business embezzlement of the victim M, in the business of selling and receiving the sales proceeds of a passenger car which is commissioned as a consignment sales business operator, and the Defendant is authorized at Suwon-si around September 10, 2016.