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(영문) 인천지방법원 2013.09.26 2013고단4363
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 19, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of occupational embezzlement at the Incheon District Court, which was sentenced to two years of suspension of execution on October 9, 2010. On February 23, 2012, the Incheon District Court sentenced two years of suspension of execution to four months of imprisonment with prison labor for fraud, which became final and conclusive on March 3, 2012. On July 18, 2013, the Defendant was sentenced to three months of imprisonment with prison labor and two years of imprisonment with prison labor and is currently in the appellate court.

【Criminal Facts】

Although the Defendant operated (ju) H from April 2006 to the end of 2007, on October 12, 2005, the Defendant discontinued its business on September 22, 2005, where he was sentenced to a summary order of KRW 700,000 as an offense of violating the Labor Standards Act at the Seoul Western District Court on September 22, 2008, and was sentenced to a fine of KRW 700,00 as the same offense at the Seoul Central District Court on September 22, 2008. The Defendant carried out an automobile transaction business with the name of “I” from August 2007 to the end of the end of 2008, but was in heavy debt, and the Defendant was not able to receive a loan due to bad credit standing.

On April 201, the Defendant, around the end of Incheon Seo-gu, concluded that “The victim BS operated by the Seo-gu, Seo-gu, Incheon, would have the victim receive the loan from the name of the vehicle purchase fund, and would have the vehicle purchased by using the name of the vehicle, and would have the vehicle sold within three months and added 50,000 won from the profits.”

However, even if the defendant was given a loan from Hyundai Capital, he/she had purchased a vehicle with the loan, provided it as a collateral, and then was thought to use it as a fund for the used vehicle transaction business, and there was no intention or ability to make a profit by selling a vehicle within three months.

On May 9, 201, the Defendant, by deceiving the victim, had the victim purchase one set of the NAS car equivalent to KRW 35 million in the market price under the name of the victim’s wife on May 9, 201. On June 24, 2011, the Defendant had the victim purchase 39 million won in the market price under the victim’s name.

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