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(영문) 서울북부지방법원 2017.09.08 2017고합67

특정경제범죄가중처벌등에관한법률위반(사기)등

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A person shall be punished by imprisonment with prison labor for not less than three years and by imprisonment for not more than six months for a crime set forth in the judgment of the defendant.

Reasons

On July 25, 2007, when the Seoul High Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant was released on November 30, 2009 and the execution of the sentence was terminated on March 28, 2010. On June 28, 2012, the Seoul Northern District Court sentenced two years of suspension of execution to six months of imprisonment for fraud, etc. and became final and conclusive on October 19, 2012.

Punishment of the crime

1. The Defendant is a person who actually operated D Co., Ltd. (hereinafter “D”) that is a motor vehicle and equipment exporter.

The Defendant, from November 201 to December 2013, 2013, from D offices located in the sixth floor of the F building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the victim G, “if a purchaser was found to import a Korean vehicle from Russia to receive the purchase price of the vehicle in advance from the Russia and paid the purchase price of the vehicle, the Defendant would export the vehicle for export in the name of H operated by the Gu Newcom.

First of all, for the export of Lone Star Lone Star 34 vehicles for the export of Lone Star Ba, which is required by the Party, the importer of Lone Star 34 vehicles for export, and the purchase price for the vehicle is demanded. When full payment of the payment is made, all vehicles will be exported within 2-3 months.

After the completion of export, it was false to the purport that “The remaining profits are divided by half.”

However, since the above D and I companies, which the defendant actually operated, continued to be fit without any particular sales, the defendant was able to use the vehicle purchase price for the payment of the previous debt of the above companies operated by the defendant, and even if he did not receive money from the injured party for the export purpose as the purchase price for the vehicle was not found, he did not intend or have the ability to export the company's car under the name of H in the operation of the victim.