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(영문) 수원지방법원 안산지원 2018.09.13 2018고단233

사기등

Text

A person shall be punished by imprisonment with prison labor for not less than six months, with prison labor for not less than two, three, or four months, with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

The Defendant, on October 18, 2013, was sentenced to the suspension of the execution of imprisonment with prison labor for a crime of fraud on October 18, 2013 at the Suwon Giwon, and on October 26, 2013, the judgment became final and conclusive on October 26, 2013. On July 7, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud, etc. and five years of imprisonment with prison labor, etc., and the said judgment became final and conclusive on July 15, 2016.

The Defendant operated the “C” of the automobile industry company established for the purpose of automobile repair and the automobile trading brokerage business.

1. On March 30, 2012, the Defendant against the victim D calls from the said car industry company office located in Young-gu, Young-gu, Suwon-si, Suwon-si, to transfer the victim D’s phone to the acceptance by auction.

The phrase “money in return for the repair and transfer of a motor vehicle” was referred to.

However, the Defendant had a large amount of obligation around that time, and was unable to pay the costs of automobile parts and the wages of employees, etc., and was in a position to use the money in another place even after receiving money from the injured party due to the aggravation of business and financial circumstances. Therefore, there was no intention or ability to acquire the right to repair the automobile as agreed by the victim and to transfer its disposal right

As such, the Defendant, by deceiving the victim as such, received 7.5 million won from the victim’s deposit account in the name of the Defendant on the same day from the victim, under the name of automobile repair expenses and transfer proceeds, from that time until March 29, 2013, by deceiving the victim over 12 times, as shown in the annexed crime list, and received two automobiles equivalent to KRW 107,868,000 and KRW 12,000,000 from the victim.

"2018 Highest 2267"

2. On January 4, 2016, the criminal defendant against the victim F is going to repair the victim F at a place where it is not known to him/her around January 4, 2016 at the victim F, with a phone called by the victim F, within three weeks at the low cost of repair by leaving the vehicle repair of Gu D A7 in which an accident occurred.

15 million won shall be paid for used parts.