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(영문) 수원지방법원 안양지원 2017.09.01 2015고단2054

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 5, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a crime committed by the Seoul Central District Court, and the execution of the sentence was terminated on April 6, 2013. On January 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of fraud at the Suwon District Court, and the said judgment became final and conclusive on May 7, 2016.

[Criminal facts]

1. On June 8, 2013, the Defendant, against the victim B (23 years of age, female workers), was working at a entertainment place and became aware of the victim who was female employees, and was paid due to his/her friendly payment. On July 8, 2013, the Defendant was boarding the victim on his/her own.

C benz's car has a value of 50 million won or more.

In addition, it was proposed to exchange with the DP car owned by the victim and received the above P PP car and cash of 6.4 million won from the injured party, and the victim changed the FP car to the victim.

Accordingly, the Defendant conspired to sell to a third party after making a benz car from E and the injured party, and to divide the sales proceeds from selling to a third party, and to use the same year.

7. 27. 27. E means that “I will sell a passenger car at KRW 50 million to the victim” at a non-place of the border, and the Defendant requested E to sell the passenger car at KRW 50,000, and the Defendant left the victim by entrusting E to sell.

However, at the time of fact, the Defendant had been in need of agreement in the absence of detention due to the loan fraud of KRW 67 million at the District Court, and had been willing to sell the benz car transferred to the victim due to lack of economic ability and to use the proceeds separately from E, and there was no intention or ability to deliver the proceeds to the victim.

As such, the Defendant, in collusion with E, by deceiving the victim and received the same day from the injured party, a car at the market price of the same day.

2. The Defendant, in collusion with E, etc., induces a lending company to a person who is unable to obtain a loan from a lending company in a normal manner.