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(영문) 광주지방법원 목포지원 2018.10.02 2018고단722
사기등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, as an employee belonging to the “C Motor Vehicle Industry Master” in Sinpo City, has been engaged in the business of towing vehicles operated by the Defendant, towing vehicles by the Defendant and repairing them from the said industrial company, and receiving repair expenses from the customers after repairing them.

1. Fraud;

A. On September 5, 2016, the victim D’s counterpart fraud Defendant completed repair of the Erocketing car, a vehicle involved in the accident, at the foregoing CA’s company. After the victim D who works for the said company as the maintenance contractor, decided to purchase the said rocketing car, and the victim bears the liability for the repair cost of the said vehicle, it is anticipated that the repair cost would be increased to KRW 10 million. Of them, the victim would pay KRW 3 million in cash and pay the remainder of the repair cost on the side of the industrial company by finding out whether the remainder of the repair cost would be inside the said company.

First of all, YF rocketings changed the registration of transfer in F’s name.

However, even if the Defendant received 3 million won in cash from the injured party and received YF rocketing vehicles payments from YF F, it was thought that the Defendant would have consumed them for personal purposes, such as full repayment of personal obligations. At the time, the Defendant had no intent or ability to reimburse the repair cost of the said vehicle, including 20 million won, at the time, the liability amounting to about KRW 120 million, including 20 million.

Defendant: (a) received KRW 3 million in cash from the injured party on October 2016, 2016; (b) had the injured party transfer the name of the injured party’s owner of GYF rocketing car at around that time to F; and (c) received approximately KRW 7.5 million in cash from F as the vehicle price.

As a result, the defendant deceivings the victim and received property equivalent to 10,500,000 won in total from the victim.

B. On December 10, 2016, the victim H fraud Defendant constituted a victim of the said C Motor Vehicle Industry Company.

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