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(영문) 수원지방법원 2017.09.21 2016고단5518
사기등
Text

A person shall be punished by imprisonment with prison labor for not more than six months and by imprisonment for not more than six years with prison labor for the remaining crimes.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years and six months of imprisonment for fraud and embezzlement at the Seoul Central District Court on February 8, 2012, and the said judgment became final and conclusive on February 16, 2012. On May 11, 2012, the said court was sentenced to two months of imprisonment for embezzlement; on September 12, 2013, the said court was sentenced to ten months of imprisonment for embezzlement; on November 6, 2013, the said court was sentenced to four months of imprisonment for fraud; and on June 3, 2015, the enforcement of the sentence was terminated at the Seoul Southern District Court’s Seoul Southern District Court.

【Criminal facts】 2016 Highest 5518】

1. On November 5, 2015, the Defendant would provide the victim C with monthly salary of KRW 2.5 million, if he/she lends his/her name to the representative director in operating the corporation D in order to operate the corporation D, and pay KRW 50 million as piece rate after one year.

If it is believed that it would be difficult, first, the amount of KRW 50 million in the market price will be paid immediately and the amount of KRW 50 million in the market price will be paid in lieu of the installment.

“.....”

However, in fact, as the defendant is not a company operated alone by the defendant, and it was operated by the installment without any special fund, even if he purchases a vehicle in the name of the victim, he did not have the intention or ability to pay the vehicle in lieu of installment payment by paying the amount of 50 million won per piece and 2.5 million won per month to the victim.

On November 6, 2015, the Defendant: (a) inducedd the victim as such; and (b) ordered the victim to purchase a e-child car equivalent to KRW 50 million at the market price; and (c) revised the facts charged in order to clarify the subject of the Defendant’s defraudation.

(hereinafter the same shall apply)

From that time until March 15, 2016, 14 victims purchase 14 cars equivalent to the total market value of KRW 528,800,000, as shown in the list of crimes in attached Form No. 14, such as the list of crimes, and take over the vehicle and acquire property or property benefits equivalent to the same amount.

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