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(영문) 인천지방법원 2018.09.06 2018고단4528

사기

Text

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

Reasons

Punishment of the crime

On December 20, 2017, the Defendant was sentenced to one year of imprisonment with labor for fraud, etc. at the Incheon District Court, and two years of suspended execution, which became final and conclusive on December 28, 2017, and was currently in the grace period from February 2003 to April 2017, the Defendant was in charge of vehicle leasing business, etc. while working as a contractual employee at the Hyundai Capital Co., Ltd. from February 2003 to April 201.

On March 3, 2017, the Defendant stated, “The Defendant: (a) in a mutual influent restaurant in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, as of March 2017, “A program providing the employees with the benefit of discounting 30% of the car 30% from Hyundai Capital Capital; (b) a lease fee of KRW 51 million is paid to Na who is an employee of modern Capital Capital, and a monthly lease fee of KRW 51 million is not paid to her employee; and (c) after three years from the end of the contract period, the name within KRW 30780,000 is transferred, and the name within the original vehicle can be purchased at a price of KRW 30% higher than the original vehicle price.”

However, in fact, the Hyundai Capital Co., Ltd. could not discount because it did not proceed with the above program giving benefits. The money received from the injured party was thought to be used individually by the defendant regardless of the modern Capital Co., Ltd.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the account under the name of the Defendant on March 24, 2017. From that time, the Defendant received KRW 74,176,00 in total four times from the date of transfer to May 15, 2018, and acquired KRW 13,975,50 in total from the Hyundai Capital Co., Ltd. over five times, as described in items 4 through 8 of the list of crimes, from around May 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A previous conviction in judgment: an inquiry about criminal history;