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(영문) 대구지방법원 의성지원 2016.11.24 2016고단104
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 7, 2010, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court, and was released on November 30, 201 during the execution of the sentence, and the parole period expired on February 22, 2012. On October 6, 2015, the judgment became final and conclusive on December 30, 2015, by having been sentenced to three years of imprisonment for fraud at the Jung-gu District Court.

【Criminal Facts】

On March 3, 2012, the Defendant, at Seocho-gu Seoul, Seocho-gu, Seoul, and 201st 201, made 200 million won in cash by selling the vehicle to B, 550, and made a false statement to the victim D, stating, “The Defendant would make 200 million won in cash by selling the vehicle to B, and would make the said 3 vehicles purchased at a rate of 30% more than the market value.”

However, in fact, even if the Defendant received a vehicle from the victim, he was able to borrow money from the bond company and did not pay the money to the bond company, and there was no particular income at the time, and there was a need to use the account in the name of E, the Defendant’s wife due to bad credit standing, so even if he received additional cash from the victim, there was no intention or ability to allow the victim to purchase the vehicle at a level of 30% more than the market price as agreed, even if he received the vehicle and additional cash from the victim.

The Defendant, by deceiving the victim as above, received one vehicle from the victim benz S50 (F) holding the victim’s ownership of an amount equivalent to KRW 200 million at the market price around June 2012. From March 30, 2012 to September 18, 2013, the Defendant acquired KRW 108,590,000 in total on 17 occasions under the pretext of the purchase price for external passenger vehicles as stated in Articles 1 through 17 of the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigative reports (business registration certificate, registration certificate, attachment of a motor vehicle registration certificate, details of account transactions in the name of a suspect) and data attached to each investigation report above;

1. A complaint;

1. A vehicle list, a copy of passbook, and

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