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(영문) 대전지방법원 2014.03.26 2013고단3899

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates D(D) which is a used vehicle selling company located in Daejeon-gu C.

1. On January 2013, at the above company office, the Defendant requested the victim E to succeed to a lease from the social service Korea (State) that was operated by the victim with the vehicle facility leasing (lease) from the victim E. On or around the same month, transferred the lease contract for the said vehicle to G on or around the 2th day of the same month, after receiving approximately KRW 18 million of the difference between the vehicle price and the remaining lease amount from G, and embezzled for voluntary consumption during the period of keeping the said victim’s custody.

2. On March 9, 2013, the Defendant called the victim H at the office of the above company: “Around March 9, 2013, the Defendant: “A 50-use car with no limited real right and A 80-use car with no No restricted real right; Benz car shall be sold at KRW 44.5 million for KRW 37.8 million; A 37.8 million for a car to be viewed as “a car shall be sent on deposit if the vehicle proceeds are transferred.” However, the above Benz car had a mortgage at KRW 3.4 million for a car to be seen as a 3.5 million for a car to be seen as above, and a mortgage was established with the amount of debt at Eenth Capital (U.N.).

Nevertheless, the above victim made a false statement to the above victim, and the defendant acquired 82,30,000 won in total by receiving 44,50,000 won as vehicle price from the bank account in the name of the defendant on the same day from the above victim, and 37,80,000 won in total from November 1 of the same month.

3. On March 11, 2013, the Defendant called the victim H by phoneing the said company office to the effect that “A passenger car M3 will be sold for KRW 60,000,000,000,000,000,000,000,000,000,000 won, to 64,000,000,000,000,000,000,000 won.”

However, the defendant is the victim.