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(영문) 수원지방법원 2012.09.05 2012고단2354
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than four months for the crimes of Articles 1 and 2, and by imprisonment with prison labor for not less than one year and six months for the crimes of Articles 3 and 4.

Reasons

Punishment of the crime

[criminal power] On July 10, 2009, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Sungnam Branch of Suwon District Court on January 21, 201, and the said judgment became final and conclusive on January 21, 2010. On December 8, 2010, the said court was sentenced to one year of imprisonment for a crime of fraud and the said judgment became final and conclusive on December 16, 201.

[2012 Highest 2354]

1. Around November 28, 2008, the Defendant stated that “F” under the frequency of “F” operated by the victim D’s wife on the first floor of the building in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City, that “A vehicle is three prices for a company in which he operates, and children are playing in the military, and as children in Korea play in the military, they will resume 20 million won.”

However, a re-scheduled car owned by the Defendant is a car leased by the Defendant under a lease contract of 19,00,000 won for Hyundai Capital and Lease Deposit of 19,00,000 won for monthly rent of 2,74,200 won for Hyundai Capital, and the Defendant is obliged to pay rent every month. When the lessee wishes to change the lessee, the vehicle is subject to approval from Hyundai Capital that is the lessee, and the Defendant did not have any intent or ability to transfer the name of the vehicle to the victim even if he receives money from the victim.

As such, the Defendant, by deceiving the victim as such, received three million won from the victim in the name of the purchase price for vehicles, on December 1, 2008, KRW 13 million on December 1, 2008, KRW 2 million on December 4, 2008, and KRW 20 million on December 8, 2008.

2. On December 5, 2008, the Defendant committed the crime at the time of “F” frequency operated by the victim E on November 2008, the Defendant may receive 6 billion won from the investors in the business where the victim is in progress. The Defendant needs to give a gift to the said investors. However, if the victim’s visibility shows it to the investor and shows it, the price shall be paid, and return the visibility within 15 days without entering the mind.”

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