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(영문) 인천지방법원 2018.09.28 2016고단4687
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement, etc. by the Incheon District Court on September 25, 2016, and the said judgment became final and conclusive on April 2, 2016. On June 30, 2016, the same court was sentenced to three years of suspension of execution for one year of imprisonment with prison labor for a violation of the Military Service Act, and the said judgment became final and conclusive on December 8, 2016.

The Defendant, “E” and “F” in the Michuhol-gu Incheon Metropolitan City D Complex, became aware of the victim H on September 2013, 2013 by introducing G, which is a high school ship, on the first day of September 2013.

1. Embezzlement;

A. On September 13, 2013, the Defendant: (a) sold a passenger car owned by the victim, which is owned by the victim, to pay KRW 18 million among the sales proceeds; (b) entered into a consignment contract with the victim on September 16, 2013; (c) sold the said car to the victim first on September 16, 2013; and (d) sold the said car to I on the middle half of KRW 10 million to the victim on October 13, 2013; and (c) embezzled the sales proceeds for the victim by arbitrarily consuming it on the said day.

B. On March 13, 2014, the Defendant arranged the victim to purchase a passenger car with a large 89 million Won with a large lele in the above sale and purchase company around March 13, 2014, and then would pay the profit by using the said car for a siren business.

On March 20, 2014, while receiving the said car from the injured party and being kept for the injured party, the said car was embezzled by providing the said car as security by borrowing money from the J around August 5, 2014 from the said trading company.

2. Fraud;

A. On March 18, 2014, the Defendant, at the above trading company around March 18, 2014, may sell money to the victim by purchasing a vehicle outside the country or lending money to a person who needs money as security and make use of the vehicle for a siren business.

If investment is made to B with a loan of KRW 100 million, it purchases the vehicle with the money and gives it to others.

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