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(영문) 울산지방법원 2017.01.19 2016고단1407

사기등

Text

A defendant shall be punished by imprisonment for six months.

An applicant for a compensation order shall be dismissed.

Reasons

Punishment of the crime

1. On July 27, 2015, the Defendant made a false call to the victim D who became aware of a car registration number plate for the purpose of the business of the Round on several occasions and made a false call to the victim D, who was aware of the fact at a Buddhist place below Ulsan, for the purpose of leasing the car number plate.”

However, in fact, the defendant was planning to use the money that the victim received as rent from the injured party for the personal purpose, because the victim did not have any intention or ability to lease or mediate the number plate of the car registration for business use.

As such, the Defendant deceiving the victim and received one million won through a deposit account (Account Number: E) in the name of the Defendant of the Saemaul Treasury under the name of the Defendant, as the down payment among the rent in the registration number plate of motor vehicles for business use from the victim.

In addition, the Defendant received a total of KRW 15 million from the victims on seven occasions in the same manner as the list of crimes in the attached Table, from August 16, 2015, from that time until August 16, 2015.

2. On June 1, 2015, the Defendant would purchase the victim H of the G enterprise located in Ulsan-gu F around Jun. 1, 2015.

“At the end, from around the above day to around August of the same month, KRW 8,613,420 out of the amount of KRW 8,613,420,00, which was paid to other intermediaries for business use, such as the transfer of the number plate of freight cars and insurance expenses, etc. However, after the transaction was no longer, the remaining KRW 7,913,420, which was used for personal loans at around that time, except for KRW 700,000,000 for the vehicle registration fee, was used.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A partial statement that complies with facts set forth in the judgment of the defendant and that conforms with facts set forth in the judgment;

1. The legal statement of witness C and H;

1. Statement made to C or I by the police;

1. Details of each transaction, inquiry of the results of transfer, and a certificate of transfer confirmation;

1. The message and recording of smartphones.