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(영문) 서울남부지방법원 2015.02.12 2014고단560
사기등
Text

The 3-year imprisonment with prison labor for the crimes of subparagraphs 1 through 3, 4-A, 5, 7, and 8 of the decision of the defendant, and the 4-year decision.

Reasons

Punishment of the crime

[criminal power] On June 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Activities at the Seoul Northern District Court, and the judgment was finalized on July 7, 2012. On June 26, 2014, the Seoul Southern District Court sentenced ten months of imprisonment with prison labor for a crime of fraud, etc. on November 13, 2014. On February 3, 2015, the judgment was finalized on February 11, 2015.

1. [2014 Height560] Around February 14, 2012, the Defendant made a false statement to the effect that “The victim E purchases one vehicle in his/her business name with one unit of BMW vehicle in his/her own name and one unit of BMW vehicle in his/her own name and one unit of BMW vehicle in his/her own name.”

However, in fact, after purchasing a vehicle under the name of the victim, it was thought that it was provided to the bond company as a collateral and used for the settlement of the credit card price for the defendant, but there was no intention or ability to change the name after one week, and there was no intention or ability to pay the installment.

On February 16, 2012, the Defendant: (a) by deceiving the victim; (b) received necessary documents, such as a certificate of identity, and a certificate of personal seal, from the victim; (c) obtained a loan of KRW 29,990,000 in the name of the victim on the same day from Hyundai Capital Co., Ltd.; and (d) obtained financial benefits equivalent to the same amount because the Defendant purchased one set of money for the FMW car under a condition that 36 months’ installment payments, and did not repay the installment payments.

2. [2014Kadan789] On January 10, 2011, the Defendant stated that “The amount to be used as a company’s emergency fund is required” to the representative director H of the victim C in the office located in the fourth floor of the building in Gangdong-gu Seoul Metropolitan Government, Seoul, the 401th floor of the GG building, and the Defendant would be paid up to January 21, 201.”

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