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(영문) 의정부지방법원 고양지원 2018.07.12 2016고단3903 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

On February 14, 2017, the defendant was sentenced to six months of imprisonment for fraud, etc. at the Jung-gu District Court on February 14, 2017, and the above judgment became final and conclusive on April 14, 2017.

[Criminal facts]

1. The Defendant, in the name of the new purchase cost of KRW 23 million, has operated and operated the E Co., Ltd. with D from January 2016, and D wishes to transfer the said E Co., Ltd. from the victim F around April 19, 2016.

10 million won has been issued.

As of April 2016, the Defendant was liable for a debt of 200 million won or more, the Defendant did not provide financing for business according to the credit rating of 7 to 8, and 50 vehicles should be owned to operate a siren lending business. The E Co., Ltd. owns 22 vehicles, and there was a lack of funds to deliver the remaining vehicles.

On April 28, 2016, the Defendant called “to purchase vehicles if the Defendant sent 50 vehicles for siren rental business with additional expenses of KRW 23 million to purchase a new 3 vehicle,” by phone calls to the victim at a scar in an irregular place, and received KRW 23 million from the victim to the G association account in the name of E company on the same day.

However, even if the defendant received money from the injured party, he was planned to use the money to pay the outstanding amount, premiums, interest, etc. of the transaction company, and did not have the intent to use the money for the new purchase.

As such, the Defendant, by deceiving the victim, was given KRW 23 million as the purchase cost of new vehicles.

2. On May 5, 2016, the Defendant: (a) called the victim at an influence place; and (b) on May 5, 2016, the Defendant first paid the Plaintiff subscription fees to H organizations because the victim acquired the corporation; and (c) paid the Plaintiff subscription fees to H organizations.

200,000 won for internal subscription instead of internal subscription fees

In other words, the phrase “assumed” is false and belongs thereto.

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