200 Highest 2279 Fraud, Occupational Embezzlement

20 Highest 2857(Joints)

20 Highest 3113 (Joints)

20 Highest 3935 (Joints)

20 Highest 4543(Joints)

20 Highest 4910 (Joints)

A, 1984 N, South and North

Residence

Reference domicile

Long-term sexual harassment (prosecutions) and Kim-hoon (public trial)

Attorney Park Young-young (National Assembly)

March 11, 2021

A defendant shall be punished by imprisonment for four years.

Criminal facts

【Criminal Power】

On January 19, 2017, the Defendant was sentenced to imprisonment of one year and four months for fraud, etc. at the Incheon District Court on July 13, 2017, and two months for fraud at the Incheon District Court on July 13, 2017, and was released on November 30, 2017 during the execution of the sentence in the Incheon Detention House on parole on December 30, 2017, and completed the execution of the sentence.

【Criminal Facts】

"200 Highest 2279"

1. The acquisition of vehicles by fraud;

On October 15, 2019, the Defendant made a false statement to the victim E at the office in Yangsan-si B and D office in the C floor, stating, “A vehicle is able to make a lot of profits if the business is carried out. In addition, (the name of the victim) a vehicle is purchased, and a vehicle is also made up at the face of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the vehicle.” On March 5, 2020, the Defendant made a false statement to the victim that “A vehicle was 5 million won to another person and then changed the vehicle for

However, in fact, the defendant has a large number of personal debts, making it difficult for the defendant to take charge of the installment of the vehicle of 10 million won, and only borrowed 10 million won to another person and used the vehicle of 10 million won for one year, and even if he received 10 million won, he did not have the intention or ability to normally use the vehicle siren business or to deliver the profit to the victim.

The Defendant, as above, by deceiving the victim, received from the victim the foregoing car owned by the victim on March 5, 2020.

Accordingly, the defendant was given property by deceiving the victim.

2. Deforestation of refacated vehicles;

Around February 14, 2020, the Defendant made a false statement to the victim E at the place indicated in paragraph (1) at the victim’s entry, stating, “On the face of a week to purchase more than one vehicle, the vehicle was defective at the same time. (the name of the victim), the installment would be paid, and the profits would be divided into profits.” The Defendant made the victim to obtain a loan from the victim and purchase the vehicle of G Ghoho Lake equivalent to KRW 51 million, and then on April 14, 2020, the Defendant made the victim make a false statement to the victim as “The victim would receive KRW 100,000 per month to another person as a deposit, and 14 million per year, so the vehicle was changed.”

However, in fact, the defendant has a majority of personal debts, and the two installments of the vehicle purchased in the name of the victim should be borne each month, and the re-scheduled vehicle only received 14 million won from the other person and did not have to receive monthly rent for more than 1 year, and even if receiving 14 million won, there was no intention or ability to make a car rental business or to deliver the profit to the victim.

The Defendant, as above, by deceiving the victim, received from the victim the above re-checked vehicle owned by the victim on April 14, 2020.

Accordingly, the defendant was given property by deceiving the victim.

"200 Highest 2857"

1. Crimes committed on October 29, 2019;

On October 29, 2019, the Defendant stated that “I will give the principal and proceeds in one month at the latest, where I would like to give the victim an extra auction. I would like to give the money to I would like to give the victim an extra auction.”

However, the defendant did not think of participation in the external auction, and he thought that he received money from the victim and used it to use it for living expenses, vehicle installment, etc.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the M bank account (N) in the name of EL used by the Defendant on the same day.

2. Crimes committed on December 19, 2019;

On December 19, 2019, the Defendant, at the home of the above victim, concluded that “The above victim was put to auction at the auction at this time,” and “the sale price gains can be made significantly by winning the auction. The Defendant, upon the completion of the auction, sold the vehicle and sold at the same time, made a false statement that “the amount of 5 million won invested at the same time with the difference, shall be repaid, and the proceeds shall be reduced to KRW 18 million,000,000,000,000 won.”

However, the defendant did not think of participation in the external auction, and he thought that he received money from the victim and used it as a living cost and a vehicle installment.

The Defendant, by deceiving the victim as above, received from the victim a transfer of KRW 12 million to the above account in the name of L on the same day.

"200 Highest 3113"

From May 2019, the Defendant has been engaged in delivery service in the delivery service from the ‘D' operated by the JeonN in Yangsan-si as an employee.

The Defendant, from April 1, 2020 to April 1, 2020, was engaged in delivery services using Phoru 125C Ba, the market value of which is equivalent to KRW 4,80,000,00,000, which was leased from the victim'sO at the above D office, and went away from the above D office around May 7, 2020 to the Daegu City or Daegu City on behalf of the victim.

Accordingly, the defendant embezzled the victim's property.

"200 Highest 3935"

1. Fraud to the victim Qua;

(a) Fraud on the BMW vehicle;

On November 10, 2018, the Defendant: (a) purchased the imported vehicle from the name of the Plaintiff in the name of four if he/she lent to the Defendant; and (b) falsely concluded that “The Defendant would pay KRW 1230,000,000 to the Defendant and the Defendant would pay KRW 120,000,000 to the Defendant.”

However, even if the defendant purchases the imported vehicle in the name of the victim, he did not have an intention or ability to pay the vehicle installments and earnings to the victim because he did not think of the vehicle siren business.

Nevertheless, the defendant deceivings the victim as such, and he acquired the BMW 750Li xD vehicle equivalent to the market price of KRW 55,60,000 from the victim and acquired it.

(b) Fraud on a Paeton 3.0 TDI vehicle;

On November 20, 2018, the Defendant made a false statement to the same victim that “The Defendant purchased a vehicle more than one vehicle and would bring about a siren business defect. The Defendant would give an internal payment of KRW 1090,000,000,000,000,000 won.”

However, even if the defendant purchases the imported vehicle in the name of the victim, he did not have an intention or ability to pay the vehicle installments and earnings to the victim because he did not think of the vehicle siren business.

Nevertheless, the defendant deceivings the victim as such, and then acquired the victim's 44,000,000 won at the market price from the victim and acquired the 3.0 TDI vehicle at the market price.

2. Fraud against the victim's private interests;

On March 5, 2019, the Defendant: (a) purchased an import vehicle in the name of the Chinese tourists from Jeju-do to Jeju-do, and made a big amount of money to the victims of the “U” restaurant located in Ansan-si T, Ansan-si; and (b) made a false statement to the effect that “The Defendant would make a monthly payment of KRW 130,000,000,000,000,000 to Chinese tourists.” (c) purchased the import vehicle in four names. (d) On the one hand, the Defendant made a false statement to the effect that the Defendant would make a monthly payment of the revenues.”

However, even if the defendant purchases the imported vehicle in the name of the victim, he did not have an intention or ability to pay the vehicle installments and earnings to the victim because he did not think of the vehicle siren business.

Nevertheless, the defendant deceivings the victim as such, and he acquired the BMW X6x30d vehicle from the victim, which is equivalent to the market price of 63,000,000.

[200 Highest 4543]

1. Fraud against the victim HaV;

On April 2018, the Defendant told the victim HaV to sell and purchase used cars in X-K in front of the X-W located in the Seo-gu Incheon, Seo-gu, Incheon, that the Defendant would pay 500,000 won per month to the victim HaV, and that the Defendant would pay 40,000,000 won per month to the X-K office's lease.

However, the Defendant had no special property, and there was also a position to lend the automobile purchase cost, which is the basic cost for the sale of used cars, to another person. There was no uniform income, and even if the above office’s expenses are fixed costs equivalent to KRW 4 million per month, even if the right of lease is transferred from the victim, there was no intention or ability to repay KRW 5 million per month.

Nevertheless, on May 1, 2018, the Defendant, by deceiving the victim as above, acquired the right of lease from the victim to the above office and acquired the pecuniary benefits equivalent to KRW 40 million of the right of lease deposit.

2. Fraud against victims;

On April 5, 2019, the Defendant: (a) around 16:00, around X-si located in Seo-gu Incheon, Seo-gu, Incheon, and, (b) around 31,00,000 won for the purchase and sale of NAS G70 (Z number: Z number); (c) lent NAS G70 (Z number) cars owned by the victim to calculate them as KRW 20,000; and (d) additionally paid KRW 6 million to transfer NASG70 on the face of the State; and (e) paid the remainder only at the time of the transfer of the name. However, the Defendant did not own ownership of the above NAS vehicle; (d) the Defendant did not have any intention or ability to sell the said NAS vehicle to the victim because it did not have been delegated by the owner of the vehicle to sell the vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a vehicle of KRW 20,000,000 from the victim's market price of AA, and received KRW 6,00,000 from the victim's ABbank account (Account Number AC) around April 12, 2019.

"200 Highest 4910"

1. Fraud against the victim's regular AD;

On March 20, 2019, the Defendant made a telephone call in Xland in Seo-gu Incheon, Seo-gu, Incheon, to the effect that “AE AE A7 car owned by the victim can be sold promptly to the maximum extent possible and so that the victim can reduce the amount of damage.”

However, even if the above vehicle is transferred by the victim, the defendant provided it to an illegal siren business with a high risk of theft of the vehicle, and only intended to pay the profit, and did not have an intention or ability to pay the consignment as promised to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim send the above A7 car equivalent to KRW 60 million at the market price to the "AG located in Bupyeong-gu Incheon, Bupyeong-gu, the place designated by the Defendant on the 21st of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against the victim strong AH;

On March 26, 2019, the Defendant stated on March 26, 2019 to the effect that the Defendant would allow a victim Gangwon-H to use a deposit of KRW 13 million in the vicinity of the AJ tourist hotel located in Dongdaemun-gu Seoul, Dongdaemun-gu to use a car for AK for a period of one year, and return the deposit after one year.

However, in fact, the above vehicle owned by a third party and the defendant was in a situation where the above high AL can be recovered at any time, and there was no intention or ability to lend the above vehicle to the victim for use for a period of one year. At the time, the defendant was liable for a large amount of liability for vehicle illegal siren business, etc., and there was no intention or ability to return the deposit received from the victim after one year.

Nevertheless, the Defendant, by deceiving the victim as above, received a remittance of KRW 13 million under the name of the vehicle siren deposit on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Fraud's point), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), the choice of each imprisonment penalty

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The Defendant committed each of the instant crimes against many victims during the period of repeated crime due to the same criminal record even though he/she had been sentenced to a total of one year and six months of imprisonment twice due to fraud, etc. The total amount of damages to eight victims is large. The victim K paid KRW 11 million to the victims, and the victim HaV collected KRW 15 million out of the lease deposit, and the victim HaV still did not recover approximately KRW 1,340,000,000,000 out of the lease deposit, but the damage was not recovered. The Defendant stated to the effect that the Defendant was the result of the commission of the business even if he/she recognized the crime. However, the Defendant stated to the effect that the degree of deception and intentional intent is strong, and it cannot be deemed as fraud by willful negligence.

The sentence of sentence shall be determined as per the disposition in consideration of the circumstances such as the fact that the defendant recognizes his responsibility and is divided.

Judges Kim Yong-hee