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(영문) 서울북부지방법원 2016.05.30 2016고정785
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on November 20, 201, and the judgment became final and conclusive on April 6, 2015.

1. On June 2013, the Defendant, with the knowledge of the fact that the victim B, who became aware of through the introduction of the branch, intended to dispose of the passenger car and to adjust installment payments, proposed that “The victim would purchase a middle and high-ranking vehicle with the vehicle with a defect in the string operation, pay the front payment of the above vehicle and the above string vehicle with the proceeds therefrom, and deliver the said string vehicle if the installment is paid in full.”

On November 13, 2013, the Defendant: (a) caused the victim to purchase a vehicle with D (D) 25 million won equivalent to the market price in the name of the victim’s wife C; and (b) provided E with a loan of KRW 4 million from the damaged person and embezzled the said vehicle as a security on September 1, 2014 while keeping the vehicle in custody.

2. Fraud;

A. On March 2014, the Defendant made a false statement to the victim B that “AF-owned GM745 is in custody, and if the repair cost of KRW 3 million and the amount of KRW 4 million is lent, the Defendant would repair the said vehicle.”

However, even if the defendant borrowed money from the injured party, the defendant did not have the intention or ability to pay the money, and the above vehicle was repaired to the injured party and did not have the intention or ability to return it to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the injured party on March 10, 2014, and received KRW 2.9 million on March 30, 2014, and received KRW 1.1 million on March 30, 2014, and defrauded KRW 7 million on the same day.

B. On May 26, 2014, the Defendant borrowed KRW 4,950,00 from the victim B as security the HMW745 vehicle.

On June 2, 2014, the Defendant made a false statement to the victim that “If the vehicle provided as security is returned, it will be lent to another person to repay the borrowed amount with the proceeds.”

However, the facts are.

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