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(영문) 인천지방법원 2015.06.17 2014고단8090
사기등
Text

Defendant

A Imprisonment of three years, Defendant B shall be punished by a fine of 20,000,000 won.

Defendant

A.

Reasons

Punishment of the crime

Defendant

On June 21, 2007, A was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and on February 29, 2008, the parole period was expired on April 8, 2008.

around February 6, 2012, Defendant A displayed a sales contract with the victim F, “G” office operated by the victim F, in Seo-gu Incheon, Seo-gu, Incheon, with H representative I, and the representative director of the J corporation, about 10 and HD72, for export truck “H65” and “HD72” 20. On December 2, 201, Defendant A ordered on December 2, 201, Hyundai Automobile Co., Ltd. to order 30 vehicles for export to be exported as such from H to 30 vehicles, and sold the said truck to Russia. Around February 28, 2012, Defendant A entered into the said sales contract with the victim, “A may receive delivery of a vehicle expected to have been delivered if the purchase price was deposited on the ex-factory date,” and supplied the said truck to the victim for seven out of 30 vehicles.”

However, at the time of fact, J confirmed the case where a vehicle exported to another company was exported to Russia, not Vietnam, and notified the Defendant that “If the Defendant submitted a remittance confirmation letter of remittance in receipt of advance payment for the export-related vehicle from Vietnam, he would request the production input of the above truck 30 vehicles to Hyundai Motor.” However, the Defendant did not submit the confirmation letter of receipt of advance payment from Vietnam, and it was difficult for the Defendant to release the vehicle at the end of February 2012. Since it did not pay the money from the victim as the vehicle price to Hyundai Motor Vehicle, etc., it was thought that it was difficult for the Defendant to use the vehicle as the personal debt repayment and gambling fund, and thus, even if it received the purchase payment from Hyundai Motor Vehicle Co., Ltd. (H72.5 tons) from the victim, it did not have any intention or ability to deliver the said cargo to the victim.

The Defendant is as above.

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