beta
(영문) 수원지방법원 여주지원 2017.05.24 2016고단1549

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at Daejeon District Court on November 22, 2008. On December 18, 2014, the execution of the said punishment was completed at Daejeon District Court. On March 12, 2015, the said Court sentenced imprisonment with prison labor and five years and six months for fraud was finalized.

[2] On November 201, 201, the Defendant: (a) was operating and transporting the “C” office in the Daesung-gu, U.S.B; and (b) was able to obtain money from the victim by suggesting a contract for the business with the victim by finding an advertisement for soliciting the borrower to use his/her daily life information paper.

1. On November 18, 201, the Defendant acquired the purchase price of EM trucks, the Defendant concluded a cargo transport business contract with the victim with the intent that “To enter into the same business contract and enter the freight vehicle into the delivery of the Hyundai Mosbs Part at the prime place, and to receive a profit of at least 3.5 million won per month,” and entered into a cargo transport business agreement with the victim.

However, in fact, the Defendant had been in an urgent situation to prevent the repayment of the obligation, such as installment loans of 100 million won or more, and the victim was willing to use part of the truck purchase price paid by him to pay his personal obligation, and even if the victim paid the purchase price of the vehicle, he did not have the intent or ability to deliver the profit of 3.5 million won per month with the truck delivery according to the agreement.

The Defendant had the victim enter into a contract for the transfer of a motor vehicle with the content that he/she purchases the truck at KRW 54 million from "G," located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, on the same day, and until November 30, 201, the Defendant had the victim transfer the truck acquisition cost to the above H total of KRW 30 million and KRW 12.9 million to the Defendant's account in the name of Cho-man.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 1, 201, the Defendant is a person who suffers damage as provided in paragraph (1) around December 1, 201.