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(영문) 대구지방법원 2017.11.23 2016고단4500
사기등
Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

Reasons

Punishment of the crime

Defendant

B On May 15, 2014, the Gwangju High Court sentenced two years to imprisonment for habitual water acquisition, and completed the execution of the sentence in the South prison on July 25, 2015.

On May 28, 2013, the victim D paid a deposit of KRW 41,217,500,00, around 2016, and when money is required under the remaining status equivalent to KRW 16,500,000 while using the EM passenger vehicle from the new Capital, the victim D requested F to sell and purchase the vehicle, including the succession of the lease fee, and F requested F to the same effect on January 5, 2016.

On January 14, 2016, the Defendants met F at a coffee shop in which the trade name near Daegu-gu Offices cannot be known, and Defendant A sells 39 million won by selling the vehicle in the way that the buyer would succeed to the remaining rent of the vehicle.

The remainder will be exempted from the succession of the lease after receiving the remainder of the lease, and the remaining nine million won will be paid by selling the vehicle, and the remainder nine million won will be paid by 20 days.

“A false representation was made.”

However, in fact, even if the Defendants received a vehicle from the F, they received a loan from G as collateral and thought that they will engage in the business such as the sale and loan business in front of the Gangseoland with the said money, and sold the vehicle to succeed to the lease or did not have an intention or ability to reduce the sales proceeds of the vehicle to F.

The Defendants conspired to deception F and received the above vehicle from F in the market price of KRW 60 million owned by the victim.

Defendant A, around January 6, 2015, entered into a lease agreement with the victim Saturdays Co., Ltd. to lease one unit of Hhoa car in the parking lot located in the branch of the Han River-gu Seoul Special Metropolitan City, Jung-gu, Jung-gu, Seoul. From November 6, 2015 to February 6, 2016, Defendant A entered into the said lease agreement with the victim Co., Ltd. to lease one unit of the Hhoa car at that place.

The above defendant kept one motor vehicle for the victim, and the Daegu Western-gu around December 27, 2015.

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