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(영문) 부산지방법원 2016.03.17 2015고단6080
사기등
Text

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to one year of imprisonment and three months of imprisonment for fraud, etc. at the Seoul Southern District Court (Seoul Southern District Court) on May 23, 2015, and completed the enforcement of the sentence at the Seoul Southern District Court (Seoul Southern District Court).

[2015 Highest 6080]

1. From June 13, 2015 to June 25, 2015, the defrauded: (a) from “E (State)” to “E” in the operation of the Victim D located in Busan So-gu, Busan, to KRW 350,000,000,00 for KRW 300,000,000; (b) HG; (c) during the 2.50,000,000 BMW520D car in order, and (d) during the 250,000, the defrauded knew the victim of the loss; and (d) at the same place on June 25, 2015, the Defendant made a false statement that “The 220 passenger car would be sirened for a day and transferred money to a later payment.”

However, the defendant had no intention or ability to pay sirens E220 from the injured party with no particular property or income after being released.

As above, the Defendant, by deceiving the victim and using the Fenenz E220 car from the injured party until July 17, 2015, acquired economic benefits equivalent to the amount of the said money by not paying 6,550,000 won even though he/she used the car to siren for July 17, 2015.

2. On June 25, 2015, at around 19:45, the Defendant, at the place indicated in paragraph (1) around 1, 2015, kept the Fenz E220 car owned by the victim D for 7 days, and received a demand from the victim on July 7, 2015 to return the said car, but the Defendant refused to return the said car, and embezzled the said car worth KRW 66 million at the market price by continuing to operate the Seoul and Busan Branch.

[2015 Highest 8417]

3. On June 30, 2015, the Defendant conspiredd with the Victim G, which was known from around June 30, 2015 through the introduction of the branch, and transferred KRW 150,00 to the company bank account in Busan, Nam-gu around July 18:0, 2015, from the victim’s house located in Busan, Nam-gu H 306 around July 7, 2015.

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