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(영문) 대전지방법원 2018.01.24 2017고단351
사기등
Text

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

Reasons

Punishment of the crime

On March 26, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court, which became final and conclusive on June 29, 2015. On May 17, 2016, the Seoul Central District Court sentenced six months of imprisonment for fraud, which became final and conclusive on September 30, 2017.

1. On March 2014, the Defendant would wish to run a “(state)B and electric vehicle business” to C operating (State) B at the store in Gangnam-gu Seoul (Seoul) or below.

On April 2014, the sampler vehicle with at least two weeks of the installation of an electric engine and the test operation is reported and operated, the vehicle will be purchased if the test is conducted. (State) During the storage of the market price of the sampler vehicle with the 15 passenger car owned by B, the vehicle was embezzled by refusing to return the vehicle even after being requested to return the vehicle more than several times by the above C.

2. On November 25, 2014, the Defendant entered into a contract with the victim F to supply the victim F with 20 vehicles that can be operated by Jeju Do from March 2, 2015, 5 charging vehicles (electric vehicles) with 140,00,000 won for large 240,000 won for vehicles with Lithium ship exhauster (electric vehicles) installed in Jeju Do, and entered into such contract with the victim F.

However, even if the defendant received the above payment from the injured party, the defendant thought that it will be used for the purpose such as repayment of personal debt, and there was no intention or ability to supply the vehicle and charge to the injured party.

The Defendant, as such, by deceiving the victim, received KRW 80 million from the injured party as down payment in the same place, as the intermediate payment, around January 2, 2015, KRW 100 million, and KRW 39,050,000, in total, around February 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, C, and G;

1. Details of remittance, etc.;

1. E-ATV trade contract;

1. Investigation report (person H who works for the person under investigation as his/her representative and telephone communications);

1. Certificates of registration, such as manufacturers;

1. Previous convictions: Results of inquiry, copies of written judgments, written judgments, and written judgments;

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