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(영문) 서울중앙지방법원 2017.12.07 2014고단6563
사기등
Text

A person shall be punished by imprisonment with prison labor for one year for each crime listed in the holding of the defendant, and by imprisonment with prison labor for two years for each crime listed in the holding of the defendant.

Reasons

Punishment of the crime

[criminal records] On November 27, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for attempted fraud at the Jung-gu District Court on June 2, 2009, and the execution of the sentence was terminated on June 2, 2009. On July 12, 2012, the Defendant was sentenced to ten months by imprisonment with prison labor for a violation of the Securities Transaction Act at the Seoul Central District Court on December 21, 2012, and the judgment became final and conclusive on May 11, 2013.

[Criminal facts] 1. 2 Maz. 6563

A. The Defendant is a director of the Dispute Resolution Council (hereinafter “J”) with I as a representative director in the name of the said company, and is the actual operator of said company.

On June 26, 2013, at the coffee shop in Gangnam-gu Seoul Metropolitan Government, the Defendant: (a) made I enter into a lease agreement on the condition that I would pay rent of KRW 2,868,548 per month to the damaged employee L and MMW 730LD car (hereinafter “730 passenger car”) equivalent to KRW 138,800,000,000 as the damaged person; and (b) received the said car through I around that time.

However, the defendant did not have the intention or ability to pay rent from the first time even if he received the above car, and could be distributed to the "large-type vehicle" by the name of the above passenger vehicle, but it was scheduled to dispose of it to the party in question.

The Defendant, as such, by deceiving the employee L of the victimized person, received a delivery of the amount equivalent to KRW 138 million at the market price of the said car from the victimized person.

B. Around July 22, 2013, the Defendant: (a) entrusted the repair of the instant 730 car to the Dongdaemun-gu Seoul, Dongdaemun-gu, Dongdaemun-gu, 530-18 BM (hereinafter referred to as “750 passenger car”); (b) was delivered to the Defendant so that the Defendant can operate the instant PEW 750LI car (hereinafter referred to as “750 passenger car”) as a loan during the repair period from the OO of the staff of the Plaintiff who was damaged in the vicinity of the Seoul Gangnam-gu N Defendant’s office.

The defendant is under custody for the victim with the delivery of the above car.

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