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(영문) 광주지방법원 2017.01.19 2016고단2272
사기
Text

Defendant shall be punished by imprisonment for eight months, and the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around September 30, 2012, operated a business by entering the victim’s post-high school of the victim B and the (State) company of the (State) C, which is currently operating a school line, with eight sirens. However, the volume of insurance loans secured by eight alone is not dealt with, and it is time for the victim to introduce the above insurance lending and lending to the other sirens.

Where a business is conducted by purchasing sirens, the purchase price of sirens shall be recovered at least three years, and profits shall accrue thereafter.

It's investment in the purchase price of Boscar.

On the other hand, it was proposed to the effect that "the profits accrued from the purchase price of rental car and the vehicles purchased after the full repayment of the purchase price will be made shall be divided by 1/2 at the time of later disposal of the two lanes," and the consent was obtained from the injured party.

1. On November 26, 2012, the Defendant defrauded the purchase price of Lone Star Vehicles by phone calls to the victim at the location of the bus and falsely concluding that “Done Star Motor Vehicle has been sold by the owner of the foregoing vehicle.”

However, in fact, the above Lone Star Co., Ltd. had no intention or ability to purchase the vehicle even if the defendant had already purchased the vehicle in 201 and was in the status of entering C, as well as to use the money received from the injured party for the sales business of the over-the-counter check, and even if he received the money from the injured party as the price for the vehicle.

As such, the Defendant, by deceiving the victim, received KRW 19 million, including KRW 10 million around November 26, 2012, KRW 7 million around November 27, 2012, and KRW 19 million around December 10, 2012, from the victim to the Agricultural Cooperative Account in the name of the Defendant.

2. On January 7, 2013, the Defendant acquired the purchase price of K5 vehicles by telephone to the victim at the end of the year, and 400,000 won per one vehicle.

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