(영문) 수원지방법원 안양지원 2018.02.21 2017고단213

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(영문) 수원지방법원 안양지원 2018.02.21 2017고단213

사기

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On August 27, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in support of Suwon Friwon, and completed the execution of the sentence on April 25, 2015.

[2017 Highest 213]

1. Whether or not the victim C needs to engage in an agricultural and fishery products distribution business on or around December 2015, the criminal defendant against the victim C;

Around December 10, 2015, the victim provided a proposal that he/she would pay KRW 2 million each month by registering as a corporate director, and the victim respondeded to the proposal. On December 10, 2015, the victim called “I will purchase one vehicle with a vehicle security loan in the name of D and pay the loan on the face of a week, and change the vehicle into the name of the corporation around February 2016, with an abstract of resident registration, a certificate of seal impression, a certificate of seal impression, a certificate of seal impression, and an identification card, etc. necessary for the purchase of the vehicle.”

However, the defendant only intended to dispose of the vehicle purchased in the name of the victim after receiving it from the victim and then arbitrarily consume the proceeds therefrom, and there was no intention or ability to transfer the vehicle name to the corporation by February 2016.

Nevertheless, on December 18, 2015, the defendant deceivings the victim as above and caused the victim to purchase the FJS car under the name of the victim with the vehicle security loan of KRW 28 million from HK Savings Bank located in Gangseo-gu Seoul Metropolitan Government, and then acquired the said car from the damaged person immediately.

[2017 Highest 671]

2. Around August 2015, the criminal defendant against the victim G expressed that he/she would operate a rice wholesale business to the victim G and responded to the victim’s response, and that “the vehicle needs two types of vehicles for the business, and once a vehicle is purchased with a vehicle secured loan under the name of four, to repay the loan at the face of the week and to change the vehicle in the name of the corporation after six months.”

However, the defendant's business is very serious.

유사 판례

-수원지방법원 2016.02.03 2015노6821

-춘천지방법원 2018.02.21 2017고단71

-대구지방법원 2017.05.12 2016고합589

-부산지방법원 동부지원 2016.03.10 2015고단2345

-광주지방법원 순천지원 2018.10.05 2017고단1576