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(영문) 서울남부지방법원 2019.01.23 2016고단1336 (1)

사기등

Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court on November 10, 2013 and completed the execution of the sentence at the Busan Detention House on November 10, 2013.

【Criminal Facts】

Around July 1, 2014, the Defendant conspired with A, and around the same day, at the “F office operated by the victim E in Yongsan-gu, Yongsan-gu, Busan-do.” A, the Defendant sought GMW 640D vehicles, and A entered into a “MW 640D vehicle contract” with the victim E, and the said contract was the content that the victim would return to E the amount calculated by subtracting 20% of the above deposit amount when the vehicle is returned, which is part of the vehicle value, from the victim’s deposit.

However, the facts are as follows: ① 3/4 of the money in the name of the deposit received from the victim E was paid as the vehicle price and kept 1/40,000 of the remainder. ② The above vehicle was flooded vehicle and its collateral value was not only half of the vehicle at a normal level; ③ the above vehicle was planned to establish a collateral security by obtaining a loan of KRW 50 million from the I bank in the name of the defendant outside his jurisdiction, and thus, even if it was delivered by the victim with KRW 39 million as the deposit, there was no intention or ability to return the deposit to the victim when the contract period expires or the victim returned the vehicle.

Nevertheless, the Defendant, at the above “F office” office around July 1, 2014, stated that “If the Defendant pays KRW 39 million and monthly usage fee of KRW 600,000,000,000, the Defendant would allow the victim E to use GW 640D vehicles, and return 80% of the deposit after one year’s use, the Defendant received 39,000,000 won from the victim as the deposit for the vehicle.”

Accordingly, the defendant was delivered property by deceiving the victim in collusion with A.

The defendant of "2017 Highest 3882" is to J. 1, the defendant, who runs the automobile leasing business.