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(영문) 서울남부지방법원 2017.06.22 2017고단345

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 21, 2014, the Defendant was sentenced to a suspended sentence of three years and a fine of two million won in imprisonment with labor at the Seoul Southern District Court on July 21, 2014, and the said judgment became final and conclusive on July 29, 2014.

The Defendant served as the head of the business team at the branch of Samsung F&M C from around 2001 to August 201, 201, and served as the head of the business team in Gangnam-gu from around September 201 to August 2013.

1. On April 2013, the Defendant would be able to view the Victim G (hereinafter “C220 new vehicles”) through F, a used vehicle operating employee, at a closed place in Seoul and below Seoul around April 2013. The Defendant would be able to see the benefit of selling the vehicle at a different place.

A false statement was made to the vehicle sale price of KRW 34,00,000.

However, the Defendant, at the time of receiving the vehicle purchase price from the injured party, had already agreed to sell and sell Haz C220 vehicles to H under the pretext of part payments for vehicles, and had received 35,000,000,000 won as part payments for the vehicle, and had not been provided with Hasz C20 vehicles out of the funds to deliver other customers’ new vehicles. In addition, at the time, the Defendant was unable to deliver Hasz C20 vehicles to the injured party, barring any special circumstance, since 120,000,000 won from 120,000 to 1320,000,000 won from the financial institution loans, etc., barring any special circumstance, even if he received the vehicle price from the injured party, there was no intention or ability to normally register the vehicle by delivering the vehicle manufacture certificate to the injured party, which is an essential document for the registration of the vehicle, even if having received the vehicle price from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) obtained a total of KRW 34,00,000 from the victim on May 21, 2013; (c) KRW 25,000,000 around May 24, 2013; and (d) obtained a delivery of KRW 34,00,000,000, around May 25, 2013.

2. The defendant.