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(영문) 수원지방법원 안산지원 2017.06.15 2016고단4696

사기등

Text

The defendant shall be punished by imprisonment with prison labor for four months for each of the crimes in paragraphs 1, 3 and 4 of the judgment of the court, and imprisonment with prison labor for ten months for the crimes in paragraph 2 of the judgment of the court.

Reasons

Criminal facts

On December 16, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution on December 24, 2014 by the Incheon District Court on December 16, 2014, and the judgment became final and conclusive on August 24, 2014. On August 12, 2016, the Defendant was sentenced to 4 months of imprisonment with prison labor and 8 months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on December 16, 2016.

Criminal facts

[2016 Highest 4696] The defendant is a person who actually operated (State) D in Kimpo-si from October 2014 to Kimpo-si.

1. (Around October 30, 2014, the Defendant entered into a contract on the lease of KRW 7.90,000 per month from October 30, 2014 to October 30, 2018 on the following terms: (a) the Defendant entered into a contract on the lease of KRW 3.0 (vehicle Number: F) of the HG 3.0 (Motor Vehicle Number).

However, the defendant had no intention or ability to pay rent properly because he was under bad credit standing at the time and was under considerable pressure on business due to financial shortage in the course of operating his business.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained the above-mentioned passenger car equivalent to KRW 23,922,727 of the market price from the victim company around October 30, 2014 from the victim company, the Defendant acquired financial benefits equivalent to the above-mentioned amount.

2. On January 28, 2015, the Defendant, at the coffee shop in Seoul, around 15:00, entered into a contract with the victim Korean Capital, on the condition that he/she would pay KRW 6,954,900 per month for 36 months from January 30, 2015 to January 30, 2018 (lsM LGH170D 2009; LSM LG170D 200D 2008; HG 250/450 2, 2014) and that he/she would have the Defendant acquire goods from the victim’s business establishment as security, and that he/she would have the Defendant transferred the goods from the victim’s business establishment as security. When he/she requested the Defendant’s acquisition of the goods from the victim’s business establishment as security.