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(영문) 서울남부지방법원 2014.03.20 2013고단3982

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, around January 2010, engaged in the car sales business in the name of “E” in Gangseo-gu Seoul Metropolitan Government D Trading Complex, and was engaged in the same trade name as from January 2012 in the same F Building No. 504.

1. On January 10, 2012, the Defendant borrowed the vehicle purchase price, which reads to the victim C at the “E office located in Gangseo-gu Seoul Metropolitan Government F.F. building 504, that “When the Defendant borrowed the purchase price for the company from the company to purchase the company from the company, he/she would immediately pay the principal and the interest on the second installment of each month after purchasing the company from the company.”

However, the Defendant was at the time at KRW 30 million, and the personal debt was at least KRW 500,000 through KRW 60,000,000, while the Defendant did not have any intent or ability to pay the loan and its interest to the victim as agreed, since there is no other money if the Defendant paid the loan and interest in arrears due to the lack of a certain amount of profit that the Defendant would have accrued while engaging in the secondary and secondary sales business, and there is no other money that would have accrued from the repayment of the loan and the interest in arrears.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the vehicle purchase price to the Defendant’s new bank account (G) account on the same day as the vehicle purchase price, and acquired 69 million won through a total of eight times until September 18, 2012, as shown in attached Table 1, as shown in attached Table 1 of Crimes List 1.

2. Around 2012, the Defendant, including rents, received money from the victims to pay the lessor in the name of rent and parking expenses, while engaging in a secondary and secondary sales business with the victim C, H, I, J, and K at the Gangseo-gu Seoul Metropolitan Government Office “E” office No. 504, Gangseo-gu Seoul Metropolitan Government.

On June 28, 2012, the Defendant received KRW 165,00 from the victim H for monthly rent, etc. from the above “E” office and used it voluntarily for personal purposes, such as living expenses, while keeping it for the victim.