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(영문) 부산지방법원 동부지원 2017.12.07 2017고단2011

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2011" is a person who operates a motor vehicle lease brokerage company called "E" in Busan Shipping Daegu D 2101.

On April 13, 2017, the defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, and the judgment became final and conclusive on the 21st of the same month.

On December 3, 2016, at around 18:00 on December 3, 2016, the Defendant: (a) the Victim H, who was frightly in G located in Busan Shipping Daegu F, would wish to siren the external vehicles.

Upon the request, the phrase “as soon as he/she immediately set the diesel car, and the cost would be KRW 30 million or KRW 20 million in particular, so he/she would make a prompt deposit of money.”

However, in fact, the defendant was operating company E, which was operated by the enemy, and did not pay the borrowed amount equivalent to 400 million won, and was tried to use the diesel vehicle for other purposes, such as by receiving 20 million won from the injured party and immediately using it for card payment, etc., the defendant did not have any intention or ability to use the diesel vehicle.

Nevertheless, the Defendant deceiving the victim as above and received KRW 20 million in total from the victim to the Defendant’s agricultural bank account on December 9, 2016, and KRW 10 million on November 11 of the same month, respectively.

On April 13, 2017, the Defendant was sentenced to a suspended sentence of two years for one year, and the said judgment became final and conclusive on the 21st of the same month, on the following grounds: (a) the Defendant was sentenced to a suspended sentence of two years on the 21st of the same month, who was sentenced to imprisonment with prison labor for a total of KRW 700 million from three persons, including I, to August 2013, 2013 under the pretext of business funds, etc. (hereinafter referred to as “the fraud case in which money acquired through deception from I, etc. is equivalent to KRW 70 million”).

1. Fraud to the victim J;

A. The Defendant, on August 2015, is located in Busan Shipping Daegu K, which is a Haman of August 2015.