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(영문) 대전지방법원 2013.07.19 2013고단993
사기
Text

A defendant shall be punished by imprisonment for four months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to two years of imprisonment with prison labor in the Daejeon District Court due to night-time intrusion, larceny, etc. on September 3, 201, and the judgment became final and conclusive on September 3, 2011. On September 19, 2012, the Daejeon High Court sentenced three years of imprisonment with prison labor and seven years of imprisonment with prison labor for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.) and became final and conclusive on September 27, 2012.

The Defendant, upon receiving a proposal from D, known to the general public, that “it is possible to offer money by selling a vehicle in large volume”, the Defendant: (a) purchased the vehicle in large volume; (b) sold the vehicle purchased by D and did not pay the sales price; and (c) had suffered damage equivalent to KRW 30 million,000,000; and (d) filed a complaint with D on November 26, 2010 as fraud, etc.

D The defendant introduced a person with good credit to obtain a loan from the defendant, received an intermediate benefit, and ordered the defendant to repay the debt to the defendant with the money. The defendant knew that the victim C, who was aware of the intention to receive a loan from D, wanted to receive a loan from D, and introduced the victim to D around the beginning of December 2010.

On December 20, 2010, the Defendant, along with D and D E, talked that “If the owner of an apartment shopping mall opens a commercial building which he/she opened on the basis of urgency, and then pays the down payment, the intermediate payment may be paid by us, and the remainder may obtain profits from selling the market price by taking out a loan from the contractual commercial building as collateral, and then finding a new purchaser at a low price,” at the coffee shop near the large area.

In fact, the defendant and D and E have no intention or ability to purchase commercial buildings and to give the victim the profit from the market price.

1. On December 20, 2010, the Defendant’s fraud by using a credit card market price through the above commercial sales to the victim at the mutual infinite coffee shop near the large area.

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